Workers' Comp vs. Personal Injury Claims in New York: What's the Difference?

Workers' Compensation Basics

New York workers' comp is a no-fault system: if you're hurt on the job, you receive medical coverage and partial wage replacement regardless of fault, but you generally cannot sue your employer for pain and suffering.

Third-Party Personal Injury Claims

When someone other than your employer — a negligent driver, a property owner, a subcontractor, or an equipment manufacturer — contributed to your injury, you may also bring a personal injury claim against that third party. These claims can include pain and suffering and other damages comp doesn't cover.

Construction Workers and the Labor Law

Construction workers injured in falls or by falling objects may have powerful claims under Labor Law §240 and §241(6) against owners and general contractors, on top of workers' comp.

Why It Matters

Pursuing both tracks correctly — and coordinating any workers' comp lien — requires care. An attorney can identify every avenue of recovery available to you.