• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McPhillips, Fitzgerald & Cullum, LLP

MENUMENU
  • Home
  • Our Attorneys
        • Dennis J. Phillips
        • Daniel J. Hogan
        • Melissa Dwyer Lescault
        • Courtney M. Haskins
        • Vanessa A. Hutton
        • William E. Fitzgerald
        • John E. Fitzgerald, Jr.
        • Dennis J. O’Connor
        • Eric C. Schwenker
        • Dmitri Yepikhin
        • James E. Cullum
        • Timothy S. Shuler
        • Edward P. Fitzgerald
        • Brian Borie
        • Dennis J. Philips
          Dennis J. Philips
        • James E. Cullum
          James E. Cullum
        • William E. Fitzgerald
          William E. Fitzgerald
        • Daniel J. Hogan
          Daniel J. Hogan
        • Timothy S. Schuler
          Timothy S. Schuler
        • Melissa Dwyer Lescault
          Melissa Dwyer Lescault
        • Dennis J. O'Conner
          Dennis J. O'Conner
        • Edward P. Fitzgerald
          Edward P. Fitzgerald
        • Courtney M. Haskins
          Courtney M. Haskins
        • Eric C. Schwenker
          Eric C. Schwenker
        • Mary K. Coseo
          Mary K. Coseo
        • John E. Fitzgerald, Jr.
          John E. Fitzgerald, Jr.
        • Stephen L. Perkins
          Stephen L. Perkins
        • Brian C. Borie
          Brian C. Borie
        • Vanessa A. Hutton
          Vanessa A. Hutton
        • Dmitri Yepikhin
          Dmitri Yepikhin
  • Practice Areas
    • Banking
    • Business & Commercial Law
    • Construction Law
    • Corporations, LLCs & Partnerships
    • Criminal Defense
    • Driving While Intoxicated
    • Elder Law, Medicare & Medicaid
    • Employment Discrimination
    • Environmental Law
    • Estate & Asset Transfer Planning
    • Estate & Trust Administration
    • Insurance Law
    • Land Use Planning & Zoning
    • Landlord & Tenant
    • Medical Malpractice Defense
    • Motor Vehicle Accidents
    • Not for Profit
    • Personal Injury
    • Premises Liability
    • Probate
    • Product Liability
    • Real Estate
    • Real Property Disputes
    • Slip & Fall
    • Tax Assessment
    • Vehicle & Traffic Violations
  • Blog
  • Contact Us
    • Glens Falls, New York OfficeThe firm has been located in downtown Glens Falls, New York ever since its founding in 1911 by James McPhillips and C.E. Fitzgerald.
    • Glens Falls, New York Office
    • Miami Shores, Florida OfficeOur Miami Shores, Florida office allows McPhillips, Fitzgerald & Cullum, LLP to give our Florida resident clients personal and focused attention.
    • Miami Shores, Florida Office
New York·518-792-1174
Florida·305-751-8556

Workers’ Comp or Personal Injury?

July 15, 2022 by kyle.larson

When you are injured on the job, you may have the option to choose between pursuing compensation through an insurance program like workers’ comp or taking legal action through a personal injury claim. This is largely dependent on the nature of your work, the extent of your injury, and the circumstances surrounding your accident.

Who is Eligible for Workers’ Compensation?

In the state of Florida, all employers with four or more employees must carry workers’ comp insurance. In New York, all businesses, regardless of the number of employees, must carry this insurance.

Workers’ comp is no-fault insurance. This means that even if your actions played a role in your accident, you will be entitled to seek compensation for medical expenses and a portion of your lost wages until you have recovered enough to return to work. Due to this, workers’ comp is a good fit for many workplace injuries.

You are not eligible for workers’ compensation if you are an independent contractor. This is particularly problematic in the construction industry where many workers are labeled “contract.” If you are a contract worker who has been injured on the job, you will not be able to seek no-fault compensation.

Which is Better?

Both workers’ comp and personal injury law are helpful for injured workers. Which option is right for your situation is related to factors specific to your case. It can be useful to discuss your case with an experienced personal injury lawyer who can review the details of your accident and provide straightforward answers about the best way to proceed. Neither option is suitable for every situation.

For a personal injury lawsuit to be viable, there must be a negligent party. This can complicate the claims process and may result in a delay of funds. Having a lawyer who understands both what you need right now and what you will need in the future can help you understand if pursuing this action is worth your while.

Contact Us for Help

Please call 518-792-1174 to schedule a complimentary consultation with one of the attorneys at McPhillips, Fitzgerald & Cullum. We maintain offices in New York and Florida.

Filed Under: Blog ·

Primary Sidebar

Schedule Your Consultation

Submit this form to schedule a consultation with an experienced attorney at McPhillips, Fitzgerald & Cullum, LLP. We will respect the confidentiality of your information to the fullest extent.
  • * - Required Fields · Privacy Policy
  • This field is for validation purposes and should be left unchanged.

Footer

Glens Falls, New York Office
288 Glen St
PO Box 299
Glens Falls, NY 12801

Phone: 518-792-1174
Fax: 518-792-1675

Miami Shores, Florida Office
9999 NE 2nd Ave
Suite 200
Miami Shores, FL 33138

Phone: 305-751-8556
Fax: 518-792-1675

Chestertown
Office

102 Riverside Drive
Chestertown,
New York 12817

Phone: 518-792-1174
Fax: 518-792-1675

  • Home
  • Our Attorneys
  • Practice Areas
  • Blog
  • Contact Us

Serving Warren, Washington, Saratoga, Essex, Hamilton, Albany, Rensselaer and Schenectady counties, including all of the North Country in New York and Miami-Dade, Broward, Palm Beach and Sarasota counties in Florida

Copyright © 2023 · McPhillips, Fitzgerald & Cullum, LLP & Altrumedia, LLC · All Rights Reserved · Attorney Advertising