Can You Sue Your Employer for a Work Injury in New York

What to Do After a Workplace Injury

When Can You Sue Your Employer for a Work Injury in New York?

In New York, you may be able to sue your employer for a work injury under certain circumstances. Workers' compensation provides the primary remedy for job-related injuries, covering medical expenses and lost wages. But, you can pursue a workplace injury lawsuit against your employer if your injury results from their intentional actions or extreme negligence. If your employer doesn’t have workers' compensation insurance, you might have grounds for a work related injury lawsuit. You can sue if a third party, like a subcontractor or equipment manufacturer, contributed to the injury. Consulting with a lawyer can determine if your situation qualifies for a lawsuit beyond workers' compensation.

Suing for Workplace Injury: What Are Your Options?

When seeking legal recourse for a workplace injury, you can file a workers' compensation claim, which provides benefits for medical expenses and lost wages without needing to prove fault. This route doesn’t allow for suing your employer for additional damages. If your injury results from your employer's negligence or intentional misconduct, you might pursue a personal injury lawsuit, seeking compensation beyond what workers' compensation offers. If a third party contributed to your injury, you can file a lawsuit against them. If your employer lacks workers' compensation insurance, you might have grounds for a personal injury lawsuit. In some cases involving federal regulations, you might pursue claims through federal channels. Consulting with an experienced attorney can help you navigate workplace injury lawsuits and determine the best course of action for your case.

Injured on the Job: When Can You File a Lawsuit?

There is a statute of limitations in New York for filing an injury at work lawsuit against your employer if you are injured on the job. You have three years from the date of the injury to file a personal injury lawsuit. This period may be different if the injury results from intentional misconduct or gross negligence by your employer. If you’re pursuing a workers' compensation claim, it doesn’t affect the statute of limitations for filing a separate personal injury lawsuit. Consult with an attorney to ensure you meet all deadlines and requirements specific to your case.

What Compensation Can You Receive from a Work-Related Injury Lawsuit?

Compensation for a work-related injury lawsuit  in New York covers several kinds of damages, including:

Medical Expenses: Reimbursement for current and future medical costs related to the injury, including hospital bills, medication, physical therapy, and surgeries.

Lost Wages: Compensation for income lost due to the inability to work, including both past and future wage losses.

Pain and Suffering: Damages for physical pain and emotional distress caused by the injury.

Loss of Earning Capacity: Compensation for diminished ability to earn income in the future due to the injury.

Permanent Disability: If the injury results in a permanent impairment or disability, compensation may be awarded for the impact on your quality of life and ability to perform daily activities.

Legal Fees and Costs: In some cases, the court awards compensation for legal fees and other litigation costs.

The specific amount of compensation varies based on the severity of the injury, the impact on your life and work, and other factors. Consulting with a lawyer can help you understand the potential compensation available for your particular case.

How to Prove Employer Negligence in a Workplace Injury Lawsuit

To prove employer negligence in a work injury lawsuit, you need to demonstrate the employer had a legal duty to ensure a safe working environment and comply with safety regulations. Show the employer breached this duty by failing to address known hazards, providing inadequate safety measures, or neglecting workplace safety standards. Establish a direct link between this breach of duty and your injury, proving the employer’s negligence led to the accident. Provide evidence of the harm you suffered, including medical records, lost wages, and documentation of pain and suffering. Supporting your claim with evidence like accident reports, witness testimonies, safety inspection records, and any previous complaints about unsafe conditions will strengthen your case. 

Steps to Take After You Get Hurt at Work

If you get hurt at work, follow these steps to ensure your health and protect your rights. Seek medical attention immediately, even if the injury seems minor, and document your condition. Report the injury to your employer as soon as possible, with a detailed account of what happened. Take notes, photographs, and gather witness statements. File a workers' compensation claim to secure benefits for medical expenses and lost wages. Keep records of all medical treatments, communications with your employer, and related expenses. Speak with a lawyer specializing in workplace injuries to understand your legal options, especially if negligence is involved or if your claim is disputed. Taking these steps can help you manage your recovery effectively and protect your legal rights.

Workers’ Compensation vs. Personal Injury Lawsuits in New York

In New York, workers' compensation provides benefits for medical expenses and lost wages regardless of fault, offering a straightforward, state-mandated process. In contrast, a personal injury lawsuit seeks additional compensation for damages like pain and suffering and requires proving negligence, which can be more complex but potentially more rewarding. Deciding between these options depends on the injury and circumstances. Consulting a lawyer can help determine the best approach.

Why You Should Consider a Lawyer for Your Workplace Injury Lawsuit

A lawyer can be essential for a workplace injury lawsuit, providing expertise in navigating the legal system and ensuring you receive fair compensation. They can handle complex procedures, negotiate with insurance companies, and build a strong case by gathering evidence and proving negligence. A lawyer’s involvement can increase your chances of a favorable outcome and help secure damages for medical expenses, lost wages, and pain and suffering. Their experience and advocacy are valuable for achieving the best possible resolution in your case.

Curan & Ahlers: New York Personal Injury Lawyers

Since 1986, Curan & Ahlers has been dedicated to protecting clients' rights in personal injury cases, securing millions in compensation. Reach out to us for a complimentary consultation where we will assess the details of your workplace injury case and advocate for your rights. We work on a contingency basis, so you pay nothing unless we win your case.