When a worker gets injured in New York, the first reaction is often fear: fear of losing your job, fear of not getting paid, fear of medical bills piling up. In the middle of all that chaos, one very important question comes up:
“Is this a workers’ compensation case or a personal injury case?”

The truth is, depending on the situation, it could be one… or sometimes even both at the same time.

What Is a Workers’ Compensation Case?

Workers’ comp is insurance that most employers in New York are required to carry. Its main job is to protect you if you get hurt while working, no matter whose fault it was.

This means if you fall at a construction site, cut yourself in a restaurant kitchen, or get injured with a machine in a factory, workers’ comp should:

• Cover your medical expenses related to the injury.
• Pay part of your lost wages while you can’t work.

But here’s the catch: workers’ comp doesn’t pay for pain, suffering, or emotional damages.

What Is a Personal Injury Case?

A personal injury case is different. Here, the goal is to get full compensation when your injury was caused by someone else’s negligence.

For example:

• A construction company fails to install guardrails, and you fall.
• A delivery worker gets hit by a driver who ran a red light.
• A factory machine was defective, and the owner ignored repairs.

In these cases, you may be entitled not just to medical bills and lost wages, but also to:

• Pain and suffering.
• Emotional distress.
• Future loss of earning capacity.

Can You Have Both Cases at the Same Time?

Yes—and this is something many workers don’t know.

Here’s a simple example:
Imagine you’re working on a construction site and your boss sends you there. A subcontractor left an open hole without protection, and you fall.

• Your workers’ comp will cover your medical bills and part of your wages.
• But at the same time, you may have a personal injury case against the subcontractor for negligence.

That means you could receive two types of compensation: the basic workers’ comp and the full compensation from a personal injury case.

Why Is It Important to Understand the Difference?

Because many employers and insurance companies take advantage of this confusion. They might tell you:
“Don’t worry, workers’ comp will take care of everything.”

But the truth is, in many cases, you could be leaving a lot of money on the table if you don’t also pursue a personal injury claim.

Conclusion

If you work in construction, restaurants, or factories, and you’ve been injured, don’t just rely on what your employer or the insurance company tells you.
One of the most common mistakes is thinking that workers’ comp is the only solution—when in reality, you might be entitled to much more.

Our family at Helen Dalton is here to help yours. Schedule a free, confidential call with our team to understand your rights. We speak Spanish and are ready to listen.

“This content is informational and not legal advice. Every case is different.”