3 Reasons To Talk To Us Before Trying To Get Workers' Comp

Following a serious on-the-job injury, your first instinct may be to try to get money through workers' comp as quickly as possible, especially if you have no paycheck coming in.

However, you may be making a huge mistake if you decide to seek workers' compensation benefits before speaking with one of our experienced catastrophic injury attorneys — a mistake that can cost you a lot of money.

The truth is, if you seek legal guidance from a New York lawyer who only does workers' comp, then workers' compensation benefits is all you will ever receive, even though you may be entitled to so much more, depending on your situation. Simply put, you may be leaving money on the table if you only seek workers' comp.

In case you need any more convincing, here are three more reasons you should speak with Edelman & Edelman, P.C., before talking to a law firm that focuses solely on workers' compensation:

  1. You need to find out if a third-party/labor law claim exists: Many injured workers don't realize that they may be able to seek damages through third-party claims, which, as its name suggests, arise when injuries are caused by the negligence of third parties such as general contractors, subcontractors, property owners and delivery drivers. New York also has several labor laws — including Section 240, the Scaffolding Law, and Section 241 — that allow injured workers to seek damages outside of workers' compensation. In many instances, these types of claims can provide significantly more compensation than workers' comp alone.
  2. You need to avoid expensive mistakes: If you have a third-party claim in addition to a workers' comp claim, there are many mistakes you need to avoid. For example, if you decide to take a Section 32 lump-sum workers' compensation settlement, you may be required to waive future medical care and say that you are okay, which can affect your third-party claim.
  3. You need to coordinate your workers' comp and injury claims: In New York, workers' comp and third-party claims often progress at the same time. Therefore, if we determine that you may have both a workers' comp and third-party claim, we can refer you to a workers' compensation lawyer who will work with us to make sure nothing is done that will put your third-party claim at risk.

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Want To Know If You Can Sue Outside Of Workers' Compensation?

Even though not every construction/work-related accident will involve a third-party claim, many do, which is why you should always speak with one of our attorneys before simply seeking workers' comp.

To schedule your free initial consultation, contact our New York office today by calling 212-235-1197. You can also reach us online. Contacting us may be the wisest decision you make following a serious on-the-job accident.