Serving injured workers

In Albany Since 1925

SPECIAL ANNOUNCEMENT : Workers’ Compensation Benefits in NY State has been significantly reduced by legislation that was passed in 2007 and 2017.

Questions About Personal Injury Claims And On-The-Job Injuries

At BMCQ Law we make every effort to answer all our client questions individually and taking into account their personal situation. However, there are many questions about on-the-job injuries that we get that we can answer for you right away. Here are a few examples:

If I’m an injured worker receiving workers’ compensation benefits, can I still receive monetary damages from a liable third party?

Yes, an injured or sick worker who is receiving workers’ compensation benefits can bring a personal injury claim against a third party for pain and suffering, for loss of life or decreased enjoyment of life, for the permanency of the illness, or for an injury received at the workplace. Examples of responsible third parties are subcontractors, equipment manufacturers, delivery companies, inspectors and others who created hazards leading to a worker’s injuries.

What is the process for making a third-party claim?

The process is the same for anyone who brings a lawsuit in New York state. To file a lawsuit, a claimant’s representative would go through the normal discovery process. Sometimes the case is settled in this phase, or it may continue on to a trial. The important thing to keep in mind is that an ongoing workers’ compensation claim by the claimant in a third-party case adds a twist to the proceedings because the workers’ compensation carrier has a certain interest in the case as does the injured party.

Do I need an attorney to bring a third-party liability case?

When you are bringing a third-party personal injury case, coordinating the third-party claim and any workers’ compensation claim is best handled by an experienced lawyer. Someone who attempts to handle such cases without legal counsel is likely to make mistakes, miss valuable opportunities and encounter difficulties in interactions with insurance companies. The BMCQ Law‘s attorneys have helped many injured workers recover compensation from multiple sources.

What is the best thing to do if I think I have a third-party liability claim?

If you have an active workers’ compensation claim underway, you should talk to an attorney about the possibility of liability for a third party who may have been responsible. At BMCQ Law, we review every workers’ compensation file to determine if there is a possible third-party liability action. We are interested in finding out as much as we can about how our client was injured or became sick. Through that review process, we are able to identify potential third parties and proceed accordingly.

What do I need to do now?

BMCQ Law offers free initial consultations. There is no harm in talking with us regardless of the stage of your workers’ compensation claim. We can advise you on all legal aspects of your on-the-job injury. Call 518-430-0026 or email us.