Workplace injuries are a common concern in New York, especially for those engaged in physically strenuous occupations or roles necessitating the operation of heavy machinery. The inherent risks associated with these types of employment contribute to a higher likelihood of on-the-job accidents. It’s crucial to understand that these injuries extend far beyond the mere physical discomfort, often causing substantial financial burdens for affected workers. Please continue reading as we explore whether you can sue your employer for a workplace injury and how our determined Workers’ Compensation Attorneys in Queens & The Bronx can help fight for the justice you deserve.
Can I Sue My Employer for an Injury on the Job?
Generally, employees cannot sue their employer for a workplace injury. New York implements a workers’ compensation system, which provides benefits to injured or ill employees. This system offers injured workers a streamlined process for obtaining benefits, eliminating the need to demonstrate fault. Access to workers’ compensation hinders an employee who sustained a workplace injury from pursuing legal action directly against their employer. However, there are certain exceptions.
What is Workers’ Compensation?
It’s important to understand that workers’ compensation is a type of insurance coverage that employers are required to carry for their employees, providing benefits if an employee is injured or becomes ill due to a work-related accident. It can cover medical expenses, lost income, disability, rehabilitation, job retraining, and more.
If you decide to file a workers’ compensation claim and accept available benefits, you will waive your right to sue your employer for damages. This system benefits both workers and employers. Essentially, employees relinquish further recourse in exchange for guaranteed compensation, while employers assume a degree of liability but avoid the potentially greater expense of a personal injury lawsuit.
Are There Any Exceptions?
While an employee generally cannot sue their employer for a workplace injury in New York if they receive workers’ compensation benefits, there are certain exceptions. These exceptions often involve intentional wrongdoing by the employer, gross negligence, or when a third party is responsible for the injury.
If your employer deliberately caused your injury, you may have the option to pursue legal action beyond a workers’ compensation claim. This allows you to seek compensation for damages not covered by workers’ compensation. However, there must be substantial evidence that your employer acted maliciously and intentionally.
In addition, if your employer’s negligence was extreme or reckless, it may be grounds for a personal injury lawsuit. For instance, if the employer violated specific safety standards, they may be able to sue. Employers are required to adhere to the health and safety regulations set forth by the Occupational Safety and Health Administration (OSHA). Failing to do so can result in the employer being held liable. Finally, if a third party, such as a manufacturer of equipment, a contractor, or a co-worker, caused the injury, you may be entitled to pursue legal action against that third party.
If you have suffered a workplace injury, please don’t hesitate to contact an experienced attorney from The Law Offices of George Poulos, who can help you understand your legal rights and options. Connect with our firm today to learn how we can fight for you during these difficult times.