Do You Have Litigation Options After A Work Injury?
Under New York’s workers’ compensation laws, employees who are injured on the job are automatically eligible for workers’ compensation benefits (with few exceptions), regardless of fault for the injuries. In exchange for covering injured workers, employers are shielded against injury litigation filed by their employees. It is very difficult, if not impossible, to successfully sue your employer for injuries suffered on the job.
This doesn’t mean that you have no litigation options, however. If your workplace accident/injury was caused (in whole or part) by the negligence of a third party, you can file a lawsuit against that party in addition to seeking workers’ compensation benefits.
The Basics Of Third-Party Liability Claims
In any workplace, you are likely to encounter people who are not associated with your employer as well as products manufactured by other companies. When you are injured by someone or something unrelated to your employer, these parties can be held liable for your injuries.
Common example scenarios are described below.
- Work-related car accidents: If you are a commercial driver and are involved in a car accident caused by someone unrelated to your employer, you can sue that other driver for your injuries.
- Dangerous and defective products: Construction workers may be injured by defective power tools; custodians can be sickened by a cleaning product that lack proper ventilation warnings, etc.
- Workplace attacks and assaults: If an unknown person entered your workplace and became violent, you could hold that person accountable in a civil lawsuit (in addition to filing a workers’ comp claim).
- Animal attacks: While working as a delivery person, you may be attacked by the property owner’s dog or another animal. The property owner could be held liable for your injuries.
These are just a few examples, but the possibilities are nearly endless.
Discuss Your Case With An Experienced Injury Attorney For Free
If you have a workers’ compensation claim, you may also have the option to pursue third-party litigation. Edelman & Edelman, P.C., is pleased to offer free initial consultations to injured workers in New York, and we will help you understand all of your options for recovery.