Can You File An Injury Lawsuit if You Collect Workers Compensation Benefits?

Watch this video by dedicated Buffalo disability attorney Timothy Hiller, Esq. where he explains if you can file an injury lawsuit if you collect workers’ compensation benefits.

So sometimes people who are on workers’ compensation want to know, can I still pursue a claim for my injury, or can I file a lawsuit? Well, the answer is that it depends. Sometimes work injury on the job will be barred. It’s called workers comp barred, and you just won’t be able to pursue a claim for it.

Other times, we can find different ways of framing the theory or different parties who may be liable, and we can still pursue a claim on your behalf. You need an attorney who knows how to get around workers comp and how to frame these claims correctly. The other thing you need to know is that assuming you are able to pursue a claim, you’ll have the workers comp claim open and your personal injury claim open, and there are all sorts of complicated rules about the communication that needs to go back and forth between the worker’s comp system and the personal injury system. You need a lawyer to deal with that.

You need to know who needs to be noticed and when you need permission from the worker’s comp to settle your case and how to get it. I have a lot of experience working with local workers comp attorneys to resolve these issues and to make the process run as seamlessly as possible for people who have been injured on the job.

If you or a loved one was injured in New York due to the negligence of another party, you may be entitled to compensation. At Hiller Comerford Injury & Disability Law, PLLC, we have successfully helped thousands of clients protect their rights and maximize their compensation after suffering a personal injury. Contact us today for a free consultation with our experienced Buffalo injury lawyers.