At Losi & Gangi, our office continues to represent hard working Western New Yorkers in both workers’ compensation and personal injury cases. Our commitment is to help injured individuals understand their rights and pursue the compensation they deserve.
While both types of cases provide important avenues for recovery, there are significant differences between workers’ compensation and personal injury claims that can impact the outcome of a case. We believe it is important for our clients and community to understand these distinctions.
Below is a previous post from our office that outlines these key differences:
Understanding the Difference Between Workers’ Compensation and Personal Injury Cases
In New York State (NYS), workers’ compensation and personal injury cases are two distinct types of legal claims that provide injured individuals with different avenues for seeking compensation for their injuries.
Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical treatment, wage replacement, and other types of financial assistance. In NYS, most employers are required to carry workers’ compensation insurance, and employees who are injured on the job are generally eligible for benefits regardless of who was at fault for the accident. In NYS, injured workers are not permitted to sue their employer for an on-the-job injury.
Personal injury cases, on the other hand, are lawsuits brought by individuals who have been injured as a result of someone else’s negligence or intentional misconduct. These cases can arise from a wide range of situations, including car accidents, slip and fall accidents, medical malpractice, construction site accidents, and product liability. In a personal injury case, the injured individual (the plaintiff) seeks compensation from the person or entity responsible for causing their injuries (the defendant).
One of the main differences between workers’ compensation and personal injury cases is fault. In a workers’ compensation case, fault is generally not a factor. As long as the injury occurred while the employee was performing their job duties, they are generally eligible for benefits regardless of who was at fault for the accident. In a personal injury case, on the other hand, the plaintiff must prove that the defendant was negligent or engaged in intentional misconduct that caused their injuries.
Another key difference is the types of damages that are available. In a workers’ compensation case, the benefits are typically limited to medical expenses, wage replacement, and certain other types of financial assistance. In a personal injury case, however, the plaintiff may be able to recover a much wider range of damages, including compensation for medical expenses, lost wages, pain and suffering, and more.
It is important to note that in some cases, an injured individual may be able to pursue both a workers’ compensation claim and a personal injury lawsuit. For example, if an employee is injured on the job due to the negligence of a third party, they may be able to file a personal injury lawsuit against that third party while also receiving workers’ compensation benefits.
Overall, the differences between workers’ compensation and personal injury cases in NYS can be significant. If you have been injured and are considering your legal options, it is important to consult with an experienced attorney. Our attorneys at Losi & Gangi can help you understand which type of claim is appropriate for your situation and help you pursue the compensation you deserve.
2025 Personal Injury Case Results
Our firm is proud to have secured significant results for our clients. Below are several notable personal injury recoveries from 2025:
A 53 year old woman slipped and fell on an accumulation of ice in the parking lot of the office complex where she was employed, sustaining a fracture to her right ankle. After undergoing surgery to repair her right ankle fracture, she developed chronic regional pain syndrome in her right lower extremity, resulting in a significant and permanent disability. A claim was pursued against the property owner and the snow plow contractor for failure to properly maintain the parking lot in a safe condition. The case was resolved for $2,000,000.
A 46 year old construction worker fell 20 feet from a ladder while installing a roof, sustaining a left heel fracture, pelvic fracture, and low back injuries. The fractures required surgical repair, and he was unable to return to work as a result of his injuries. A claim was pursued against the owner of the building under New York State Labor Law for failure to provide proper safety devices and fall protection. On the eve of trial, the parties agreed to settle the claim for $4,000,000.
A 30 year old construction worker sustained serious injuries to his left hand when a table saw kicked back while cutting floor planks. His injuries included partial amputation of his left thumb, complete amputation of his left index finger, and partial amputation of his right small finger. The table saw was not equipped with a blade guard or anti kickback devices. A claim was made against the owner of the construction project and the contractor who owned the table saw. The case was resolved for $1,500,000 at a court settlement conference.
Committed to Results
Every case is unique, and understanding whether your situation falls under workers’ compensation, personal injury, or both is critical. At Losi & Gangi, we are dedicated to helping Western New Yorkers navigate these legal matters and pursue the maximum compensation available.
Contact us today to learn more about your rights and how we can help.
Please note: Past results are not a guarantee of future outcomes.
