New York: Employer Negligence Lawsuits Limited for Workplace Injuries
In New York, employees generally cannot sue their employer for negligence after a workplace injury. Workers' compensation is typically the sole remedy against the employer.
New York employees injured on the job usually cannot sue their employer directly for negligence. The state's Workers' Compensation Law establishes this coverage as the exclusive remedy against employers for work-related injuries and illnesses, meaning most claims must be handled through this system.
However, exceptions exist that may permit a lawsuit against an employer. These typically involve situations where an injury is caused by a third party unrelated to the employment, or if specific construction site labor laws are violated. In rare cases, direct claims against an employer might be allowed, particularly if the employer has failed to secure required workers' compensation insurance.
K L Sanchez Law Office, P.C., based in Queens, represents injured workers in New York City. Attorney Keetick L. Sanchez assists clients in navigating workers' compensation claims, pursuing third-party lawsuits, and exploring direct claims against employers when legally permissible.
Workers' compensation in New York provides benefits for medical treatment and a portion of lost wages without requiring proof of employer fault. The system is no-fault, requiring only that the injury occurred during and in the course of employment.
Employers who fail to maintain required workers' compensation insurance face significant penalties, including fines and the potential loss of legal immunity from direct lawsuits by injured employees.