If you have suffered a workplace injury in New York, it’s essential to understand that workers’ compensation may cover some of your losses. However, workers’ compensation doesn’t cover all damages, particularly, non-economic damages. Depending on the specific circumstances of the accident, you might be able to pursue a third-party claim. Please continue reading as we explore how workers’ compensation liens can impact third-party claims in New York and why connecting with a seasoned Queens Third Party Negligence Attorney is in your best interest during these difficult times.
What is a Third-Party Claim?
First and foremost, it’s crucial to note that if you are injured at work, you can file a workers’ compensation claim regardless of who was at fault. While this no-fault system provides benefits, it doesn’t compensate individuals for pain, suffering, emotional distress, future lost earnings or other subjective losses. As such, if someone other than your employer was negligent and contributed to your injury, you might be eligible to file a third-party claim, also known as a personal injury lawsuit, for additional compensation.
If I File a Third-Party Claim, Am I Obligated to Return My Workers’ Compensation Award?
If you pursue a third-party claim after receiving workers’ compensation benefits, New York courts allow the worker’s compensation insurer to place a lien on your recovery. Under the legal doctrine of subrogation, if you receive a settlement or judgment from a third-party claim arising from the same incident for which you received workers’ compensation benefits, you may be required to reimburse your employer’s insurance carrier for the benefits they paid to you. In other words, a portion or all of the compensation you receive from the third-party settlement can be used to reimburse the insurer for the workers’ compensation benefits they provided. This essentially prevents double recovery for the same injury. The courts prohibit individuals from receiving more compensation than they are legally entitled to for their damages.
It’s important to note that the specific rules and procedures for reimbursement vary depending on the jurisdiction and the terms of the applicable workers’ compensation insurance policies. As such, it’s crucial to enlist the help of a Queens third-party negligence attorney who can help negotiate with the workers’ compensation insurance carrier to reduce the lien, ensuring you receive the full and fair compensation to which you are entitled for your damages.
In the unfortunate event that you have sustained a workplace injury, it’s in your best interest to connect with a determined attorney from The Law Offices of George Poulos to understand your rights and obligations regarding reimbursement. Our legal team is prepared to help you navigate the complexities of this process and explore all your legal options. Connect with our firm today for guidance and skilled representation.
