On-The-Job Injuries: Can You Sue Your Employer?
While many injured workers would like to sue their employers, the reality is that New York law typically bars employees from suing their bosses following a work-related injury. This is because the workers’ compensation system is supposed to be the exclusive remedy for workers who are injured on the job — meaning workers normally cannot sue their employers or co-workers, even if they are responsible for causing the injury.
The basic idea behind the workers’ compensation system is that workers give up their rights to file a lawsuit against their employers in exchange for workers’ comp benefits, including medical care and a percentage of lost wages.
Third-Party Claims: A Legal Option Outside Of Workers’ Comp
However, you should know that just because you normally cannot sue your employer doesn’t mean you don’t have other legal options available besides workers’ comp, especially if you are injured while working construction.
In fact, if a third party — which includes anyone who isn’t your employer or co-worker — is at fault for your work-related injury, you may be able to file a third-party claim. Some common examples of third-party construction claims in New York include instances in which:
- A worker is injured when a property owner or general contractor fails to provide sufficient or properly installed equipment for those working on ladders or atop scaffolding, in violation of New York’s Scaffolding Law.
- A worker is injured when a property owner or general contractor fails to provide necessary safety equipment in general, in violation of New York Labor Law Section 241.
- A worker suffers an injury due to a defective/dangerous tool or piece of machinery.
- A worker is injured due to the negligent actions of any third party such as a delivery driver of subcontractor.
As you can see, third-party claims can arise in a wide range of situations, including instances of falling objects, trench collapses, and falls from ladders and scaffolding, just to name a few.
In many cases, victims of construction accidents may be able to recover significantly more through a third-party claim than workers’ comp — although you need an experienced attorney on your side to make sure you do things right.
Edelman & Edelman: We Will Pursue Maximum Compensation For You
At Edelman & Edelman, P.C., our lawyers are not afraid to take on complex cases — in fact, that is all we do. Simply put, once we take on your case, you can count on us to use every resource available to win your claim and help you obtain the maximum recovery possible.
One of the biggest mistakes you can make following a serious construction accident is to only seek legal representation from a law firm that focuses solely on workers’ comp, especially since you may be able to collect so much more through a third-party claim, when available.
- Construction Accidents
- Ladder And Scaffolding Injuries
- Falls From Heights
- 3 Things Workers Should Know About New York’s Scaffolding Law
- Crane Accidents
- Aerial Lift Accidents
- Failure To Provide Vertical Passage
- Falling Objects
- Holes And Trenches
- New York Labor Code 241: The Basics
- Power Tools And Electrical Injuries
- Top 4 Causes Of Construction Accidents
- New York Workers’ Compensation Claims
- What Does Workers’ Comp Cover In New York?
- Personal Injury Claim Vs. Workers’ Comp
- Can You Sue Your Employer For Work-Related Injuries?
- 3 Reasons To Talk To A Personal Injury Lawyer Before A Workers’ Comp Attorney
- Construction Accidents Suffered By Undocumented Workers
- Union Worker Construction Accidents
Top 5 Posts
Feb 19, 2020
The Boy Scouts of America has filed for Chapter 11 bankruptcy reorganization. This process will include setting up a fund for survivors of child sexual abuse by scout leaders and others in the organization. That fund could top $1 billion. In order to find the money...
Feb 7, 2020
According to the NYPD, there were 29 fatal bicycling accidents in New York City in 2019. That’s 19 more than the 10 that were reported in 2018. Now, we’ve seen what is thought to be the first bicycling fatality in 2020, and it happened on the last day of January. 2019...
Feb 6, 2020
There is a major legal battle in the courts currently against pharmaceutical companies that many believe are responsible for the current opioid crisis in the country. The sales tactics and information for Big Pharma in the early 1990s helped to increase the number of...
Feb 3, 2020
When an employee is negligent and hurts someone, there are times when the employer is responsible for their actions. For example, the legal concept of “respondeat superior” says that companies can be held responsible for the actions of their employees. Moreover, some...
Jan 24, 2020
A 67-year-old woman was killed recently when a private sanitation truck struck her. She had been crossing 86th Street near Bay Parkway in Bensonhurst at approximately 4 a.m. The truck did not stop. According to the New York Post, it’s not clear whether the truck...
3 Reasons To Hire Us
We Go All In:With every case we accept, we put all of the firm’s resources behind our pursuit of a positive outcome. We are not afraid to spend whatever amount is necessary to present a winning case on your behalf.
3 Reasons To Hire Us
We Hire The Best Experts:We do our homework and find the experts who are doing the most cutting-edge research on your type of injury. We regularly work with medical experts, scientists, people from academia and others.
3 Reasons To Hire Us
We Know Our Opposition: In our nearly 60 years in business, we have seen all the tactics opposing attorneys uses. We use proven strategies to match them and act swiftly to overcome any attempt to limit your compensation.
CNN Legal Analyst