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Can I sue my employer?

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Posted On: May 20, 2019
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May 20, 2019

Can I sue my employer?

Section 29(6) of the New York Workers’ Compensation Law states that workers’ compensation benefits are the “exclusive remedy” for injured workers. Employees are entitled to collect benefits for lost wages and medical treatment related to their work injury or illness. Thus, as a general rule, in New York State, an employee cannot sue his/her employer.

There are notable exceptions to this rule: 1) if the employer intentionally caused the employee’s injury; 2) if an employee fails to provide workers’ compensation insurance coverage for an employee; 3) if the employee is a uniformed worker for the NYPD, FDNY, or New York City Department of Sanitation, since those agencies are not required to maintain workers’ compensation coverage for their employees.

An employee may, however, potentially sue a negligent third-party via a personal injury lawsuit. This rule can apply in some notable cases: 1) an employee is injured in a motor vehicle accident; 2) an employee suffers injury on a construction site; 3) an employee is injured by negligence of a subcontractor; 4) an employee is injured while working on the property of another business. 

In all cases, the individual facts influence the remedies available to an injured worker. During your free consultation with Gilbert, Blaszcyk & Milburn, our attorneys will review the facts of your case and provide valuable advice. We want the best for our clients, and we believe the injured worker should receive all of the benefits they are entitled to. If a personal injury lawsuit is possible in your case, we will work with you to find the right lawyer to handle this portion of your claim.