No, in most cases, you can’t sue your employer for a workplace injury if they carry workers’ compensation coverage. Accepting and filing for benefits is your exclusive remedy against the employer, so you can’t sue them in civil court for the same injury.
However, this rule is only applied to your employer. If you were injured on Long Island or anywhere else in New York, there may be other parties that contributed to the accident and your injury. A property owner, general contractor, subcontractor, or even an equipment manufacturer may be partially or wholly responsible for what happened. You may have grounds for a separate workplace personal injury claim.
A Long Island personal injury attorney can evaluate your scenario to determine if a third-party liability claim exists.
Key Takeaways
- An employer is typically shielded. Workers’ compensation benefits are the exclusive remedy against an employer who carries coverage.
- Third parties may be involved. Exclusivity doesn’t extend to non-employer parties. They can be sued directly if their negligence contributed to an injury.
- You may be entitled to both. It’s possible to collect workers’ compensation benefits and pursue a personal injury claim against a third party.
Why Can’t I Sue My Employer Directly?
You can’t sue your employer directly for injuries because workers’ compensation was designed to minimize complexity in exchange for no-fault benefits (including medical costs and partial wage replacement), no matter who was at fault.
There are narrow exceptions, like scenarios where your employer doesn’t carry their legally mandated workers’ compensation coverage, or when an injury is the result of an intentional act rather than negligence.
A Third Party May Be Liable
Suing for third-party liability is possible in many scenarios, like when a general contractor or property owner fails to maintain safe conditions, or a subcontractor’s negligence causes your injury. The third party might not even be on site, like when defective equipment, machinery, or tools cause your injury. Proving liability is often complex, and there may be multiple parties involved. An experienced Long Island personal injury attorney will review all the facts to identify liability and explore your options to seek compensation.
Talk to a Personal Injury Lawyer Before You Assume That You Have No Case
Workers’ compensation is a crucial safety net that genuinely helps to cover injuries and financial losses, but it only covers a portion of lost wages and your medical bills. When a third party is involved, you can pursue compensation proportionate to your injury and the full impact it has on your earnings and enjoyment of life.
Workers’ compensation and third-party liability claims move on different timelines and involve different evidence. It’s crucial to have both angles reviewed together. If you were injured on the job, The Raimondo Law Firm is a trusted personal injury lawyer on Long Island, ready to review your case and identify every avenue of compensation available to you. Contact us at (631) 471-1222 for your free case evaluation today.
