Can I File A Lawsuit Even If I Collect Workers’ Compensation Benefits?

Many workers know that workers' compensation can provide them with wage replacement and medical care when they are injured on the job. Employees are eligible for workers' compensation regardless of whether the injury was their fault, but there is a downside. In exchange for this benefit, workers cannot sue their employers for injuries in most circumstances, even if the employer caused the accident.

However, injured workers may have other options for lawsuits even if they are eligible for workers' compensation.

At Arye, Lustig & Sassower, P.C., our attorneys have decades of experience representing workers in personal injury lawsuits. These lawsuits can yield more compensation than a workers' compensation claim.

Third-Party Claims May Be Filed In Addition To Workers' Comp

If you are injured in a workplace accident, you should apply for workers' compensation benefits if you are eligible for them. You should consult with an experienced construction accident attorney to find out whether you can also file a personal injury claim.

While you generally cannot sue your employer for your injuries, you may be able to hold third parties accountable. Property owners, contractors and subcontractors, manufacturers and others who contribute to a construction accident can be held liable in a third-party claim for damages. These lawsuits are independent of your workers' compensation claim, which means you can sue for damages even if you are receiving workers' compensation.

Contact Our Attorneys

The lawyers at Arye, Lustig & Sassower, P.C., have helped injured construction workers obtain millions of dollars in damages in construction cases. Few law firms in New York City can match our record of success in personal injury litigation. If you have been injured or lost a loved one in a construction accident, we can assess the accident for potential third-party claims and represent you in any ensuing litigation.

To contact us, call us locally at 212.732.4992, call us toll free at 800.340.4992 or contact us online. We offer free initial consultations, and we handle all injury cases on a no-recovery, no-fee basis.

Case Results

Since 1965, we’ve recovered over $1 BILLION on behalf of our clients. read more
  • $2.1 million settlement

    for 33-year old electrician who fell from ladder while attempting to fit heavy cable into crown box when cable sprung back and struck him, causing him to suffer left shoulder injury with impingement.

  • $1.6 million settlement

    for 38-year old electrician who slipped and fell on debris on stairway with resulting cervical herniated disc and aggravation of pre-existing arthritic changes.

  • $2.55 million settlement

    for 42-year old electrician who fell into an uncovered, unprotected hole and suffered a severe low back injury with herniated disc(s) that required surgery at L4-5 and L5-S1 levels.

  • $1.75 million settlement

    for 26-year old construction worker who fell through opening in roof and fractured his wrist, requiring surgery with open reduction and internal fixation, external fixation device, and eventual fusion.

  • $2.5 million settlement

    for 38-year old female electrician (with history of prior neck injury) who tripped on uneven Masonite protective floor covering, and suffered neck injury with herniated discs requiring cervical fusion.

  • $1.2 million settlement

    during trial for 40-year old sheet metal worker who was struck in the neck and shoulder by an air conditioning unit and suffered herniated cervical discs and cervical radiculopathy.