Suffering a serious on-the-job construction injury can be devastating, often resulting in the loss of a paycheck, not to mention extensive medical treatment. If you are strapped for cash, you may be tempted to simply seek as much money as you can through a workers’ comp settlement.
However, before you talk to a workers’ compensation attorney about seeking workers’ comp benefits, you should always talk to an experienced catastrophic personal injury attorney. After all, you may be leaving money of the table if you think workers’ compensation is your only option.
So why should I talk to a personal injury attorney first?
If you speak to an attorney who only focuses on workers’ compensation, then workers’ comp may be all you ever get — even though you may be entitled to so much more, depending on the specifics of your workplace accident. The truth is, you may be settling for thousands of dollars when you may be able to collect millions.
Here are three reasons why you should always speak with an experienced construction accident law firm — such as Edelman & Edelman, P.C. — before consulting with an attorney who only does workers’ comp:
- We can help determine if a third-party/labor law claim exists: Many people think workers’ comp is their only option following an on-the-job injury. However, depending on the circumstances, many injured workers may also be able to seek damages through a third-party/labor-law claim. In some instances, these third-party claims may be worth much more than workers’ comp.
- We can help coordinate with a workers’ comp attorney: In New York, both workers’ comp claims and third-party claims can progress at the same time. So if you have a third-party claim, we can refer you to a workers’ compensation attorney who will work with us to ensure you are maximizing your recovery and not doing anything that may jeopardize your third-party claim.
- We can help make sure you avoid costly mistakes: There are many mistakes you can make if you are pursuing both workers’ comp and a third-party claim. For instance, if you elect to receive a Section 32 lump-sum workers’ comp settlement, you may be required to give testimony saying that you are okay and ready to work before you can collect the settlement. However, such testimony can greatly impact your third-party claim, and may even be considered fraudulent should you still try to get a third-party settlement.
The truth is that not all workers’ compensation claims involve third-party cases, but if they do, you need an experienced attorney by your side. Talk to us before you ever settle your workers’ comp case — it may be the best decision you ever make.