Hurt on the job in New York? You cannot sue your employer. The workers’ compensation system provides benefits as an exclusive remedy, so you can’t sue your employer. However, what is referred to as a third party might be to blame in some circumstances, in which case you can file a personal injury claim to collect further compensation. Third-party lawsuits are common in construction site accidents but can occur in other on-the-job accidents as well.
Why Can’t You Sue Your Employer in New York?
You can’t sue your employer for an on-the-job injury in New York because, in our state, the injured worker gives up their right to sue the employer so they have access to workers’ compensation benefits without having to prove someone caused their injuries. Workers’ comp benefits include:
- Reasonable and necessary medical treatment
- Compensation for a portion of the injured worker’s lost wages
- Survivor benefits in the event of a death on the job
When Might a Third Party be to Blame?
A third party might be to blame for your injury if their negligence or misconduct contributed to the accident in which you were injured. For instance, a contractor who fails to follow New York’s Scaffolding Law may be responsible for your injuries if their refusal to comply with the law leads to an accident.
Third parties who can be to blame for an accident include:
- A contractor or subcontractor at your job site
- The property owner at your job site
- The driver of the other vehicle, if you were injured in a motor vehicle accident
- The company in charge of maintaining a defective piece of equipment
What Do I Need to Prove in a Third-Party Lawsuit?
In most third-party personal injury lawsuits, you must prove that someone else’s negligence caused the accident that injured you. This means you must prove:
- That the party you’re suing had an obligation to do something to protect you from injury
- That they failed to do what a reasonable person would have done in the same situation to keep you from being injured
- That their negligence caused your injuries
- That you suffered harm as a result
For example, a contractor at a construction site has a legal obligation to follow safety regulations to protect anyone at the site from injury. If the contractor ignores safety regulations and an accident results, their negligence is responsible for the accident. If a construction worker at the job site is injured, the worker can file a lawsuit to hold the contractor liable. That means they can demand that the contractor compensate them for their losses.
What Kinds of Compensation Can You Receive from a Third-Party Lawsuit?
In a third-party lawsuit, you can seek compensation for anything workers’ compensation doesn’t cover.
This includes:
- Pain and suffering
- Other intangible losses, such as loss of quality of life
- The full value of your lost wages or future earning potential that is not covered by workers’ compensation
Contact a New York Third-Party Accident Lawyer Today
If you were injured on the job in New York due to third-party negligence, a personal injury lawyer can help. The lawyers at Jaroslawicz & Jaros, PLLC, have over 300 years of combined legal experience handling cases like yours.
We can evaluate the accident and determine whether any third parties are liable in the case. If there are, we can demand appropriate compensation, negotiate with the insurance companies, and file your third-party lawsuit if they fail to offer a full and reasonable settlement. If you’ve been injured in an on-the-job accident in New York City, contact Jaroslawicz & Jaros, PLLC, today.
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