The Gap Between Personal Injury And Workers’ Compensation
When your work injury is not your employer’s responsibility, you may pursue that other party for compensation while receiving workers’ compensation benefits. Resolving the dual compensation situation requires what is called a “global settlement.”
At Paul B. Weitz & Associates, PC, our attorneys’ extensive experience with personal injury includes navigating our clients in New York through global settlements. We offer each person we work with our full attention and an honest assessment of their prospects for the duration of their case. Our experience and attention is most appreciated when working with the complications of third-party accidents.
Third-Party Accidents Defined
Third-party accidents are work accidents where the party responsible for the injury is neither you or your employer. Often these cases stem from such circumstances as:
- Defective tools
- Construction accidents
- Dangerous building conditions
- Accidents caused by visitors to your work
- Municipal transportation accidents
In each of these cases, you will maintain the initial coverage of workers’ compensation while we pursue the party ultimately responsible.
Why Are Global Settlements Complicated?
Global settlements become complicated due to the nature of the accident and the complex legal interaction between coverages. If a third party is responsible for your injury, you may have to reimburse your employer a portion of the benefits you received. Typically, this is two-thirds of the benefits, but this amount is often negotiable.
After you resolve this third-party claim, you give up your entitlement to workers’ compensation. The reimbursement is mandated by law , but you will continue to receive workers’ compensation while you pursue your third party case.
Confident Comprehensive Representation
In our vast experience as personal injury attorneys, we have provided aggressive and thorough service to each of our clients. We pursue the compensation that our clients need to move forward and heal.
Contact us today by email or phone at 212-346-0045 to schedule a free consultation. If you choose to move forward with your case, we can represent you and will not take a fee unless we are successful.