When you are injured during the course of employment, you may have the option of filing a workers’ compensation claim, a third-party personal injury claim, or both. The value of your case or the compensation that you will receive for each type of claim will differ. Each type of claim entitles you to different types of compensation.
Although your New York accident attorney can provide you with a more detailed explanation, below is a brief overview of the difference in value for a workers’ compensation claim versus a third-party personal injury claim.
The Difference In Value
A workers’ compensation claim is filed when an employee is involved in an accident that arises out 
of or during the course of employment. A personal injury claim is filed if you were injured as a result of the negligent or reckless actions of another party. Although both types of claims are designed to provide you with compensation for your injuries, the value in each case will differ because the type of proof required is different.
Under New York law, in a workers’ compensation claim you do not have to prove any negligence on the part of your employer in order to receive benefits. You only need to prove that the accident occurred during the course of employment. In such cases, your compensation is limited to your medical fees and a percentage of your lost income, which is capped at 2/3 of the New York State Average Weekly Wage (NYSAWW).
On the other hand, in a personal injury claim, your personal injury accident attorney will need to prove that the negligent actions of another party caused the accident and your injuries. Once you have met the required level of proof, there may be huge sums of money that we can get for you which can be far larger than workers’ compensation allows, including: money for lost wages, medical bills, pain and suffering, permanent injuries, loss of consortium and disability, etc. To give you an example: a man called us only to get $20 more a week from workers’ compensation, but we found a third party case for him and got $795,000 for his third party case plus workers’ compensation benefits.
Call Us Today
We can even come to you and there is no attorneys fees unless we recover money for you.
If you or a loved has been involved in an accident and suffered serious personal injuries, the experienced New York accident attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us toll free 24 hours a day, 7 days a week at 1-800 WORK-4-YOU (1-800-967-5496). We can also help with personal injury claims in New Jersey, Connecticut, Pennsylvania, or Florida.
If you have been seriously injured in any of the 50 U.S. states, please call usand we will try to help you with your case. Other toll free phone numbers for us include: 1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES. Please visit us at www.Work4YouLaw.com.