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workers comp vs lawsuit

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What is the name of your state? NY i was hit by a car while performing work duties. Reconstruction of the knee (surgery) and have torn ligament and tendons in the paraspinal and hip area. physical therapy not helping its been 8 months. my question is do i proceed with a lawsuit against the driver that hit me or do i go for the workers comp settlement? the knee is just about recovered after surgery but the back/hip seems like its going to be a permenant injury. this kind of injury will effect my normal job duties. doc says my be something you just have to deal with. driver only has 100k and will w/c go after some of that for medical bill ect? can i go after the driver for the personal injury on my knee and w/c for a (possible) disability?


Senior Member
You REALLY need to ask this question of a qualfied attorney, not a public bulletin board. Much depends upon your State's particular Worker's Comp laws.


Senior Member
The best way to go with this is both. NY work comp statue Article 9, S 227 covers third party injuries. You can receive workers' compensation benefits and pursue a third party lawsuit at the same time. Usually lost wages are higher through workers' compensation. If you do not pursue a third party suit against the driver and/or owner of the car, your employer and/or work comp carrier can file a suit against the driver/owner, and they probably will. There will be a lien on any third party settlement. Should you settle with work comp first, you will no longer have medical insurance for your injuries, lost wages, and other benefits should you have a permanent impairment. And, personal injury lawsuits also release the defendant from future medical expenses. Then, you will be left with no medical benefits for injuries that may require medical care for the rest of your life. My biggest mistake was to hire an attorney that did both personal injury and workers' compensation. Email me at and I will be able to provide you with some insight about all this because I have been dealing with a third party work injury for over two years and have learned the hard way. There's a lot of complications, especially with doctors that will affect both cases. Omit the brackets before and after the email address. They won't delete from the post.
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