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Personal InjuryFebruary 12, 2024

If You've Been Injured at Work, Do You Have the Right to File a 3rd Party Personal Injury Lawsuit?

In New York, It Is Difficult to Sue An Employer For Injuries Sustained On The Job

If you are injured at work in New York, you will want answers about who can be held liable for your losses. Under most circumstances, your employer will be required to carry workers’ compensation insurance. You will be eligible for these benefits even if you were at fault or caused your injuries. In some cases, you might have the right to sue a third party, but you would need to discuss your case with an attorney to determine your rights.

At The Case Handler, we represent New Yorkers who have been injured on the job. Our experienced legal team will work with you to determine your legal options, including whether you should file a claim for workers’ compensation or have the right to file a lawsuit against a negligent party. Contact our office today to schedule a free, no-obligation consultation. 

Is It Possible To Sue An Employer For My Injuries?

Under limited circumstances, you may be able to sue your employer for injuries you sustained at work. Under New York’s Workers’ Compensation law, nearly all employers in the state are required to provide workers’ compensation coverage for their employees. 

Workers’ compensation provides benefits for individuals who suffer a work-related illness or injury regardless of fault. In most cases, workers’ compensation provides the exclusive remedy or form of relief for injured workers.

There are exceptions, however, when an employee may be able to sue their employer. For instance, if an employer does not carry workers’ compensation insurance, they may be liable for work-related injuries to their employees. They may also be liable if they intentionally injured their employee.

Can I Sue If I HAVEN'T Received Workers' Compensation?

In general, workers’ compensation is the exclusive remedy for an injured worker. This means that you cannot sue your employer for a work-related injury, even if you have not received workers’ compensation benefits or if they were denied. You may, however, have the right to appeal if your benefits were unjustly denied. 

If your employer does not carry workers’ compensation insurance, either in violation of state law or because they are not required to, you may be able to file a work injury lawsuit. There are only a few reasons you may be able to sue your employer in New York State, which is why it is important to work with a qualified attorney to determine your rights.

Depending on the situation, your work injury lawsuit settlement may include coverage for your pain and suffering, emotional distress, and other damages. You may also be able to file a third-party lawsuit against a negligent party, including a manufacturer of a defective product or a contractor.

Contact The Case Handler to Discuss Your Injuries

Were you injured while at work in New York? Contact our office to schedule your free case consultation. Our attorneys have recovered millions of dollars on behalf of injured parties throughout New York. Now is the time to get the money you deserve. You only have a limited amount of time to file a claim for damages. See the difference with The Case Handler. Contact our firm now to get started. 

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A personal injury or workplace accident can be devastating for you and your family. The Case Handler team digs deep to investigate your case, identify the responsible party or parties, and press for the maximum compensation for your injuries so you can move on with your life.

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