In New York State, an employee who is receiving workers’ compensation benefits typically cannot sue his or her employer, even if it was a co-worker’s fault. Often, an employee’s injuries suffered at work are serious enough, that they might never be able to return to work. This can leave many people in a financial nightmare. However, many injured employees may have the opportunity to bring a lawsuit against a third party that is not the employer, for injuries not covered by workers’ compensation, which is known as a third-party action.
For example, you could file an action against the party that either contributed to or caused your injuries at work, by bringing a claim for pain and suffering, future lost wages, damage to your property, and other non-economic damages. How do you do this, you ask? By hiring a civil litigation attorney to potentially file the lawsuit against the liable party on your behalf. A civil litigation attorney is separate from the workers’ compensation attorney and can explain the law and process. Although there are two separate attorneys, the two attorneys tend to work together as a team to make certain you are well compensated for your injuries in both venues.
Generally, an employee cannot sue their employer, but that does not mean that you do not have other options. The list of potential businesses or parties responsible for your accident is vast and could contribute to your future treatment and financial outcome. However, that decision cannot be made unless a civil litigation attorney is contacted to discuss your options.