Differences Between No Fault Vs Bodily Injury Law

bodily injury law scrabble

Differences Between No Fault Vs Bodily Injury Law

The workers’ compensation system can be complicated and difficult to understand, especially after an accident. We have prepared a short article comparing the difference between two aspects of workers comp in the state of New York, no-fault and bodily injury

No-Fault

New York, like all states, has a mandated workers compensation system in place. Workers comp was created to help protect both workers and employers. Most people usually think of workers comp as only protecting the injured worker, by covering their expenses after an accident on the job, but it also protects the employer by preventing major lawsuits that can be much more costly.

Similar to the auto insurance industry, workers’ compensation is considered a no-fault insurance policy. This means that fault or negligence does not have to be proven in order for the insurance to kick in and pay the benefits.

This is usually a little known fact about workers comp. This is because insurance companies are big and powerful. They try their best to minimize payments and sometimes with the help of the employer.  Hiring a local attorney who is familiar with no-fault law can help to protect your rights as a worker and make sure that your benefits from workers’ compensation are not denied to you.

Bodily Injury

Bodily Injury law is a classification in workers’ compensation law where there is specific damage to a specific part of the body. It could be the arms, legs, or even fingers and the injury can be minor like a cut or bruise, or serious like a break, sprain, or even loss of limb. This is what makes it different from personal injury law which covers a much wider range.

Typically though the minor injuries aren’t relevant for bodily injury law because they are covered under standard insurance policies, like workers compensation, as we discussed above.

Bodily injury can be filed as a separate lawsuit in certain circumstances where the medical costs for the injuries exceed what is covered by the workers’ comp insurance policy.  There are usually very severe accidents that require extensive medical treatment.

Many of the compensations overlap when comparing bodily injury and standard no-fault workers comp. Bodily injury can cover lost wages, physical therapy, disability, and more, but it usually doesn’t cover pain and suffering, which is very difficult to measure

When trying to determine which claims to pursue it is best to consult with your workers’ comp attorney first, and then they can walk you through the process to ensure your chances of winning the claim are high.


Gold & Fox Queens Workers Compensation Firm 118-35 Queens Blvd #400, Queens, NY 11375 (718) 971-9499 https://queensworkerscompensationfirm.com/

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