Workplace injuries happen every day across New York City — on construction sites, in offices, warehouses, restaurants, and hospitals. If you’ve been injured on the job, you may be wondering: Can I sue my employer? Or do I have to rely only on workers’ compensation benefits? The short answer: in most cases, you cannot sue your employer directly — but there are important exceptions that allow injured workers to seek additional compensation. This guide from Roth & Khalife LLP explains how it works, what your rights are, and when you can take legal action.
What does workers’ compensation cover in New York?
In New York, nearly all employers must carry workers’ compensation insurance. This system provides benefits to employees injured on the job, regardless of fault. Workers’ comp typically covers medical expenses, partial wage replacement, disability benefits, and death benefits. However, in exchange for guaranteed benefits, employees usually cannot sue their employer for negligence.
Can I ever sue my employer directly?
Yes — but only in limited cases. You may sue if your employer intentionally harmed you, failed to carry workers’ comp insurance, or if a third party contributed to your injury. These exceptions open the door to seeking full compensation beyond basic workers’ comp benefits.
What is a third-party claim?
A third-party claim is a lawsuit against someone other than your employer whose negligence caused your injury. This is common in construction and service industries. Examples include unsafe property owners, negligent subcontractors, or defective equipment manufacturers. You can receive both workers’ compensation and pursue a third-party personal injury claim simultaneously.
What about New York construction accidents — are there special rules?
Yes. Under New York Labor Law Sections 200, 240, and 241, property owners and general contractors must maintain safe work environments. The famous ‘Scaffold Law’ protects workers from falls and other height-related accidents. These laws often allow injured construction workers to file lawsuits against responsible parties even when workers’ comp benefits apply.
What damages can I recover through a lawsuit?
If eligible to sue, you can seek full compensation including medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, punitive damages. Workers’ comp benefits are limited, but lawsuits can cover the total impact of your injuries.
Can I collect workers’ comp and also sue?
Yes — but only if the lawsuit targets a third party, not your employer. This is known as a dual claim. Your lawyer can coordinate both claims to maximize recovery while ensuring compliance with compensation lien rules.
What if my employer retaliates against me for filing a claim?
New York law prohibits employers from retaliating against workers for filing workers’ comp claims or reporting unsafe conditions. If retaliation occurs, you may pursue additional legal action for wrongful termination or discrimination.
What steps should I take after a workplace injury?
- Get medical help immediately.
2. Report the injury to your employer in writing within 30 days.
3. File a workers’ comp claim (Form C-3) with the NY Workers’ Compensation Board.
4. Document the scene and keep records of treatment.
5. Consult an experienced NYC work injury attorney to identify additional claims.
How long do I have to file a lawsuit?
Deadlines vary. Workers’ comp claims must be filed within two years of injury. Personal injury lawsuits generally within three years, and claims against government entities require a Notice of Claim within 90 days. Missing these deadlines can bar your recovery.
Why hire a New York City work injury lawyer?
Workplace injury cases often involve multiple contractors and insurance companies. A local workers’ compensation attorney can determine liability, handle filings, calculate damages, and represent you in court. Roth & Khalife LLP has decades of experience navigating NYC labor laws and securing fair compensation for injured workers.
Final Thoughts
Workers’ compensation provides essential benefits, but it doesn’t always cover your full losses. If another party’s negligence contributed to your injury, or your employer broke the law, you may have grounds for a lawsuit. Contact Roth & Khalife LLP for a free consultation to discuss your rights and explore all possible paths to full compensation.