I was injured at work. Can I sue my employer?


I was injured at work. Can I sue my employer?

This is a question I’ve been asked many times over the years. While there are some exceptions, the general rule is that in New York, if you get injured at work, you can get only workers’ compensation benefits, you can’t sue for pain or suffering. These benefits compensate you for some of your salary, and pay most of your medical bills. They also may be available to an injured worker, even if the accident was partially the worker’s fault. At Haicken Law PLLC, I can help you obtain workers’ compensation benefits and help you get your lost wages and medical bills paid.

An injury that occurs at work can also sometimes lead to a lawsuit in addition to the workers compensation benefits. Here is an example. Assume you work for Acme Co. in a building and you slip and fall on the floor in the lobby. While you are lying on the ground, in pain from your injury, you look up and see that a janitor has been cleaning the area, but failed to put up a sign. You may seek workers’ compensation benefits from your employer, and also file a lawsuit against the cleaning company that negligently failed to warn of the slippery floor. The two cases are separate.

Work injuries occur frequently, especially at construction sites. Generally, workers at construction sites are employees of subcontractors, such as electrical or plumbing subcontractors. If a worker gets injured at a construction site, he can obtain workers’ compensation benefits from his or her employer, but may also be able to sue the building owner and general contractor. In New York, construction workers are afforded special protections under the New York Labor Law. Whether one’s work is considered to be under the ambit of the Labor Law is often up for debate. Only an experienced attorney can guide you through the labyrinthine laws regarding work place accidents. If you’ve been injured at work, whether it’s a construction site injury or not, call me for a free consultation today.

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About Matthew Haicken

I have been practicing personal injury and insurance law since my graduation from law school in 2007. In addition to years as a practicing lawyer, I also spent three years working at a large insurance company where I worked with excellent lawyers from around the country. This experience has proven invaluable. I gained insight into how insurance companies evaluate claims, and I learned the tactics they employ to fight personal injury lawsuits. I enjoy helping people through difficult situations and making a positive impact on the lives of my clients. When not practicing law, I am actively involved in NYSTLA, the New York State Trial Lawyers Association. We are a group that lobbies on behalf of injury victims. I believe the courthouse doors should be open to everyone, regardless of his or her immigration status, or financial situation. I am committed to fighting for a strong civil justice system that enables people who have been harmed to hold wrongdoers accountable.

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