Can You Sue Employer for an On-the-Job Injury?

When you go to work, you don’t expect to get hurt. However, workplace injuries and illnesses are incredibly common in the United States. According to data from the Occupational Safety and Health Administration (OSHA), there were 2.8 million work-related injuries and illnesses in private workplaces in 2022 alone.

In New York, injured workers are typically limited to filing a workers’ compensation claim. Workers’ comp is considered an exclusive remedy, but there are situations – such as an injury caused by a third party – where you can still file a personal injury lawsuit. Through a third-party claim, you can recover financial compensation for your lost wages, medical expenses, pain and suffering, emotional distress, and other losses.

The Odierno Law Firm represents injury victims in Nassau and Suffolk counties who have been hurt in all types of accidents – including workplace injuries. We offer free consultations and never charge a fee unless we recover money for you. To learn more, reach out to our law offices to talk to a Long Island personal injury attorney.

Am I Limited to a Workers’ Compensation Claim for a Workplace Injury?

In New York, if you are hurt at work or develop a work-related illness, then you can recover benefits through the workers’ compensation system. Workers’ comp benefits include health care, lost wages, and survivor benefits for family members whose loved ones died in a work-related accident.

Workers’ compensation is a no-fault system, which means that you don’t have to prove that your employer did anything wrong to get benefits. Whether you tripped and fell over your own two feet or because there was a loose piece of carpet, the result is the same – if you’re hurt at work, you can get workers’ comp benefits. There are just a few reasons why you might be denied workers’ comp benefits for a work-related injury, such as if you were hurt because you were drunk at work or you were doing something like playing basketball with coworkers while on a break. 

While workers’ comp is no-fault, it is also an exclusive remedy. With a few exceptions, such as an employer not purchasing workers’ compensation insurance or intentionally injuring an employee, this means that you cannot sue your employer for your work-related injuries. Instead, you are limited to workers’ compensation benefits.

Although workers’ comp benefits are important, they may not be enough to fully compensate an injured worker for the full scope of their losses. For example, if a person suffers a catastrophic work injury that leaves them paralyzed, the medical benefits and lost wages almost certainly won’t come close to making them whole again. 

Workers’ comp benefits are regulated by law, which means that they often are not enough to truly compensate an injured worker. You may be entitled to the following benefits:

• Medical care: you can obtain medical, dental, surgical, and optometric services as well as medically necessary drugs and assistive devices. Other than emergencies, the health care provider must be authorized by the Workers’ Compensation Board to treat injured workers or part of a preferred provider organization. A workers’ compensation insurer may also dispute some aspects of your medical treatment. They may also require you to undergo an independent medical examination.
• Lost wages: if you are out of work for at least 7 days, then you may be eligible for lost wage benefits.  The amount of weekly benefit is based on your average weekly wage for the past year and the percentage that you are considered disabled. There is a maximum amount of weekly benefit that you can receive. 
• Disability benefits: if you have a permanent disability, then you may be eligible for a payment based either on a schedule or the loss of earning capacity.
• Survivor benefits: if a worker dies from a work-related injury, then their survivors may be entitled to weekly cash benefits and funeral expenses. The weekly cash benefits are limited to ⅔ of the deceased worker’s average weekly wage for the year before their accident, subject to the weekly maximum benefits. Funeral expenses cannot exceed $12,000 in the New York City and Long Island area, and $10,500 in other parts of New York.

While these benefits do provide near-immediate assistance to people who have suffered workplace injuries, the restrictions on them can be challenging. This includes the reality that an employer can challenge your medical treatment or even the level of your disability. For this reason, many injured workers in Long Island wonder whether they can file a lawsuit to get fair compensation for their injuries.

Workers’ compensation is only an exclusive remedy when it comes to your employer. If a third party caused your injuries, then you can still file a lawsuit against them for your injuries. You may even be able to file concurrent workers’ comp and personal injury claims so that you get maximum compensation for your losses.

Filing a Third-Party Liability Claim

If your workplace injury was caused by someone other than your employer, then the limits of the workers’ comp system don’t apply. You can still file a personal injury lawsuit against this third party. Through this type of claim, you can recover money for losses that aren’t covered by workers’ comp – such as diminished quality of life and pain and suffering.

Third-party liability claims can happen in several ways, such as:

• Another driver crashes into your vehicle while you are driving for work;
• A subcontractor on a construction site does not secure a trench properly and you are hurt in a trench collapse;
• A piece of equipment malfunctions; or
• You fall on someone else’s property while working.

In these scenarios, you can sue the person who caused your injuries – just as you could if the accident happened away from work. These cases are usually based on a theory of negligence, or carelessness. For example, if a subcontractor on a job site leaves equipment scattered about and you trip and fall on it, you could sue them for their carelessness.

There is a very good reason that you may want to pursue a personal injury lawsuit for a work-related injury: you can typically recover more money. This is particularly important in cases where a person suffers a serious injury. However, even if your injuries are comparatively minor, filing a personal injury lawsuit opens up the potential for other types of compensation.

As noted above, workers’ compensation benefits typically include medical care and lost wages. Workers’ compensation insurance will pay for your medical treatment and the wages you lost while out of work. However, you can’t get money for other types of losses like emotional distress – and the amount of money that you can recover is fairly limited.

With a third-party personal injury claim, you can recover financial compensation for all of your injuries without the same limits imposed by workers’ comp. While third-party claims aren’t possible in every case, they can be a way to get fair compensation for your injuries. You may even be able to file both a workers’ comp claim with your employer and a third-party personal injury lawsuit.

Compensation in Third-Party Liability Cases

In any personal injury case, you can potentially recover three types of compensation (damages): economic, noneconomic, and punitive damages. Economic and noneconomic damages are compensatory damages because they compensate an injury victim for their losses. Punitive damages punish someone who acted intentionally or recklessly.

Economic damages pay for direct financial losses. This may include property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment. You can recover money for a broader range of economic losses with a personal injury claim – such as the cost of renovating your house to accommodate a disability, for example. 

Noneconomic damages pay for indirect losses. These damages are never part of a workers’ comp claim. They include money for things like pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional trauma.

Punitive damages aren’t awarded in all cases. They may be available in third-party claims where the at-fault party acted intentionally or recklessly, such as a drunk driving accident. These damages are never available in workers’ comp claims.

With a third-party lawsuit, you may be able to recover more types of damages – and more money overall – than with a workers’ comp claim. Your Long Island personal injury attorney may also be able to file both a workers’ compensation and third-party liability claim at the same time. This way, you can get the full amount of money you deserve for your injuries.

Hurt in a Workplace Accident? Give Our Law Offices a Call.

Workplace injuries can be incredibly serious. While workers’ compensation is an important way to make sure that employees get immediate coverage for work-related illnesses and injuries, it often isn’t enough to cover an injured worker’s full losses. In some cases, you may be able to file both a workers’ compensation and a personal injury lawsuit.

At The Odierno Law Firm, we fight for the rights of injury victims throughout Long Island. With experience in all types of personal injury claims – including those related to work accidents – we can help our clients determine if they may be able to file a third-party claim for a work-related injury. If you have been injured in an accident at work, reach out to schedule a free consultation with a Long Island workplace injury lawyer by calling 631-994-1868 or filling out our online contact form.

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