Do you feel that the injury you sustained in New York was the result of negligence on the part of your employer? In such case, you may be thinking to yourself: can I sue my employer for negligence? The Workers’ Compensation Law in New York sets an exclusive remedy rule. This means that injured employees in the state may often only make a claim to obtain benefits, as opposed to suing their employer for negligence, because of the regulation.
The good news is that despite this, an employee is not necessary to establish that their employer was negligent in order to collect compensation for their injury. Unfortunately, workers’ compensation payments do not compensate for all monetary losses and damages that are a result of injuries sustained on the job. Here is when claims based on the carelessness of a third party come into play.
When Can You Sue Your Employer for Negligence?
An employee who has been hurt on the job may be able to sue their employer for negligence if they qualify for one of the very restricted exceptions to the rule that states exclusive remedies are the only ones available. For instance, an employee has the legal right to sue their employer for negligence if the business fails to provide the required workers’ compensation insurance coverage for an injured worker or if the employer willfully causes injury to an employee. In addition, employees who work for certain employers who are not required to have workers’ compensation coverage, such as the New York Fire Department, the New York Police Department, or the New York City Department of Sanitation, may be able to sue their employer for negligence. These employers include the New York City Fire Department, the New York Police Department, or the New York City Department of Sanitation.
It is essential to keep in mind that the exclusive remedy rule, in most cases, applies to injuries sustained on the job as a result of the carelessness of a coworker. Yet, it does not apply to a contractor working independently unless the contractor is considered a special employee.
Suing a Third Party for Damages
You have the right to sue a third party for damages if you feel that their carelessness caused your injuries at work and you may do so if you believe that they were at fault. This may involve filing a lawsuit against the maker of a faulty product that resulted in your injuries, a contractor, a property owner, or another motorist who was at fault for an accident that occurred while you were traveling for work.
In order for your claim of negligence to be successful, you will need to provide evidence that the third party in question violated their duty of care, that this breach was the direct and proximate cause of your harm, and that you incurred financial losses as a result of your injury. These damages can include past and future medical bills, disabilities and permanent impairments, lost wages and benefits in the past and the future, physical pain and suffering, loss of enjoyment of life, diminished earning potential, emotional distress, out-of-pocket expenses, mental anguish, long-term nursing care, household services, and personal care, as well as a decrease in quality of life.
The Potential for Greater Compensation
The filing of a negligence claim for injuries sustained on the job may result in far higher compensation than that which can be obtained via a workers’ compensation claim, which is restricted and only rewards you for a fraction of your lost income. You should be aware, on the other hand, that the rules of contributory blame in New York might result in a reduction in the amount of money you get for damages if you were somewhat responsible for the cause of your accident.