Worker's Compensation

The general rule in New York State is that an employee cannot sue his/her employer for injuries sustained on the job. The reason for this is that our state legislature has set up a mechanism for an injured worker to obtain compensation for injuries under the Worker's Compensation law. Thus, since the injured worker can recover under the Comp law, he/she is barred from suing the employer directly. However, any case involving an injured worker should be closely examined by an attorney to determine if a "third party" non-employer may be responsible for the worker's injuries. Under those circumstances it is entirely possible to bring a lawsuit against the non-employer for their negligence in causing the worker's injuries. This includes construction accidents, work site accidents, and as well as motor vehicle accidents.