Can an Employer Be Sued in New York After Suffering an Injury in the Workplace?

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You got injured at work, and now you’re wondering: can I sue my employer in New York? By learning the answer to this question, you can decide what steps to take following your injury.

Can You Sue Your Employer After a Workplace Injury?

Employers in New York are required to carry workers’ compensation insurance. Workers’ comp will provide you with benefits following an injury at work. This means you will not be able to sue your employer. If you are a contractor, keep in mind that you are not entitled to workers’ comp.

When You Could Potentially Sue

There are a few cases where you may be able to sue your employer. If your employer is operating illegally and does not have workers’ comp, you may be able to take further legal action against them. Or, if your employer intentionally harmed you, you might be able to sue. For instance, perhaps your boss has a temper, and they hit you with a piece of equipment and caused your injury. Not only could they be charged with a crime, but you could also request compensation in a civil court of law.

You could also sue your employer in New York if they fired you for requesting workers’ comp benefits. This could be hard to prove. Your employer is allowed to fire you at any time – but not as retaliation for requesting the benefits you deserve. You can consult with a lawyer to find out if you can take legal action.

Reaching Out to a Personal Injury Lawyer

If you need help after getting injured at work in New York, contact the personal injury firm Gash & Associates. Gash & Associates help clients throughout Westchester County. We offer free consultations. Reach us now by calling (914) 328-8800.