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You were hurt on the job.
The paychecks stopped.
Medical bills started.
And someone told you workers’ compensation is your only option.
That is not always true.
Across Nassau County, Suffolk County, Brooklyn, Queens, Manhattan, and throughout New York City, many injured workers have the right to pursue both workers’ compensation benefits and a separate third party personal injury lawsuit.
Understanding the difference can dramatically change your financial recovery.
At The Bongiorno Law Firm, we evaluate workplace injuries throughout Long Island and NYC to determine whether additional compensation is available beyond workers’ compensation.
We Care. We Fight. You Win.
Quick Answer: Can You File Workers’ Compensation and a Personal Injury Lawsuit in New York?
Yes.
In many cases, an injured worker may pursue:
- A workers’ compensation claim for medical care and partial wage replacement
- A separate personal injury lawsuit against a negligent third party
Workers’ compensation is generally your exclusive remedy against your employer. However, it does not protect negligent third parties such as:
- Property owners
- General contractors
- Subcontractors
- Equipment manufacturers
- Negligent drivers
When a third party contributed to your injury, you may be entitled to significantly more compensation.
What Workers’ Compensation Covers in New York
Under the New York Workers’ Compensation Law, injured employees may receive:
- Medical treatment
- A percentage of lost wages
- Scheduled loss of use awards
You do not have to prove employer negligence.
You can review official information through the New York State Workers’ Compensation Board: https://www.wcb.ny.gov
However, under New York law, workers’ compensation benefits do not include damages for pain and suffering, future lost earnings, loss of earning capacity, or future medical expenses.
For serious injuries in Long Island and NYC, these limitations can be financially devastating.
When a Third Party Lawsuit May Exist
A third party claim arises when someone other than your employer caused or contributed to your workplace injury.
This is where many injured workers in Nassau County, Suffolk County, Brooklyn, and Queens unknowingly leave substantial compensation on the table.
Construction Accidents in Long Island and NYC
Construction workers in Manhattan, Brooklyn, Queens, Nassau County, and Suffolk County may have powerful claims under:
- Labor Law § 200
- Labor Law § 240
- Labor Law § 241
Labor Law § 240, commonly known as the Scaffold Law, provides strong protection for workers injured in gravity related accidents involving:
- Falls from ladders
- Scaffold collapses
- Falling objects
You can review the statute here: https://www.nysenate.gov/legislation/laws/LAB/240
These claims often allow recovery far beyond workers’ compensation benefits.
If you were injured on a Long Island construction site in Garden City, Mineola, Hempstead, Huntington, or Islip, a third party claim may significantly increase your compensation.
Motor Vehicle Accidents While Working
If you were driving for work in Nassau County, Suffolk County, or anywhere in NYC and another driver caused the crash, you may pursue:
- Workers’ compensation
- A personal injury lawsuit against the negligent driver
New York vehicle laws can be reviewed through the New York State Department of Motor Vehicles: https://dmv.ny.gov
Slip and Fall While Working on Third Party Property
If you were making a delivery and slipped on ice outside a commercial building or residential property in Long Island or New York City, you may have a premises liability claim against the property owner.
Under CPLR § 214, most personal injury lawsuits must be filed within three years of the date of the accident.
If a municipality is involved, shorter deadlines apply under General Municipal Law §§ 50-e and 50-i.
Failing to act quickly can permanently bar your claim.
Learn more about premises liability here: https://thebongiornolawfirm.com/blog/who-is-liable-for-a-slip-and-fall-accident-in-new-york/
Real Workplace Injury Scenarios We See
- A Nassau County laborer falls from scaffolding due to missing safety devices
- A Brooklyn delivery driver is rear ended while on shift
- A Suffolk County warehouse employee is injured by defective machinery
- A Manhattan HVAC technician falls through an unsecured opening
In each scenario, workers’ compensation may apply.
But so may a third party lawsuit.
A proper legal evaluation determines whether you are entitled to substantially more compensation.
How a Third Party Lawsuit Changes Your Financial Recovery
Unlike workers’ compensation, a personal injury lawsuit allows recovery for:
- Pain and suffering
- Future lost earnings
- Loss of earning capacity, or future medical expenses.
In catastrophic injury cases involving traumatic brain injuries, spinal injuries, fractures requiring surgery, or permanent disability, the financial difference can be life changing.
What About a Workers’ Compensation Lien?
Under Workers’ Compensation Law § 29, the workers’ compensation carrier may assert a lien against your third party recovery.
Strategic legal handling can impact your net recovery and protect your financial outcome.
This is why coordinated legal strategy matters.
Frequently Asked Questions
Can I sue my employer for a workplace injury in New York?
Generally no. Workers’ compensation is the exclusive remedy against your employer. However, you may sue negligent third parties who caused or contributed to your injury.
What qualifies as a third party in a workplace accident?
A third party is anyone other than your employer who played a role in the accident, including property owners, subcontractors, equipment manufacturers, or negligent drivers.
Does filing workers’ compensation prevent me from filing a lawsuit?
No. You may pursue both a workers’ compensation claim and a personal injury lawsuit if a third party is legally responsible.
How long do I have to file a personal injury lawsuit in New York?
In most cases, three years from the date of the accident under CPLR § 214. Shorter deadlines apply when a government entity is involved under General Municipal Law §§ 50-e and 50-i.
Will the workers’ compensation carrier take part of my settlement?
Under Workers’ Compensation Law § 29, the carrier may assert a lien against third party recovery. Proper legal strategy can reduce its impact.
The Bottom Line for Injured Workers in Long Island and NYC
Being injured at work in Nassau County, Suffolk County, Brooklyn, Queens, Manhattan, or anywhere in New York does not automatically limit you to workers’ compensation benefits.
In many serious cases, a separate third party personal injury lawsuit may dramatically increase your recovery.
Early legal evaluation is critical.
If you or a loved one were injured at work, contact The Bongiorno Law Firm for a free consultation. We will analyze whether a third party claim exists and fight to maximize your compensation.
Contact us here: https://thebongiornolawfirm.com/contact-us/
We Care. We Fight. You Win.
Attorney Advertising. Prior results do not guarantee a similar outcome. This content is for informational purposes only and does not constitute legal advice.
