Can I Sue My Employer Over A Workplace Injury?

About Limited Circumstances That Might Allow You To Sue Your Employer

Many jobs carry some inherent risk, particularly in dangerous industries like construction and manufacturing. Even when everyone acts properly and follows safety guidelines to a T, some workplace injuries are inevitable.

Sometimes, however, employers do not fulfill their responsibilities to provide a safe working environment. When workers are hurt because of an employer’s negligence, they may wish to sue their employer for damages. Is that an option under New York law?

Getting Compensation When Your Employer Is At Fault

There is a misconception that a workers’ compensation claim is a lawsuit against the worker’s employer. In reality, workers’ compensation in New York is a “no fault” system. That means injured workers are entitled to compensation for their medical bills, lost wages, rehabilitation and other expenses no matter who caused their injuries.

Workers’ compensation is the sole legal remedy for injured employees in many cases. However, there are limited circumstances in which it is possible to bring an injury lawsuit against a negligent employer, including when the employer does not carry the proper workers’ compensation insurance or the employer intentionally caused harm to the worker. Under New York’s Scaffold Law, employers may also be liable for certain injuries caused by falls on construction sites.

Sometimes a third party, such as a motorist, equipment manufacturer or property owner, may be liable for worker injuries. When those injuries are severe, these third parties can sometimes involve the workers’ employer in the legal proceedings. Learn more about your options if a party other than your employer contributed to your injury.

Call For A Free Consultation

With extensive experience helping workers pursue all avenues of compensation for injuries, our attorneys are well-positioned to advise you of your options and guide you through the process. To speak with a lawyer and get help pursuing the compensation you need, please get in touch with  The Klein Law Group, P.C., in NYC at 917-639-5350.

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