Legal Question in Workers Comp in New York

In New York, and most States, you CANNOT sue your employer for negligence in the workplace. Workers Compensation Insurance stands in the shoes of a lawsuit. It is the old fashioned trade-off created 100 years ago - you the worker gave up your right to sue, and the employer agreed to purchase insurance to cover you for medical and lost wages. THere are some instances when you can sue your employer (they didnt get the insurance, the intentionally injured you) but it is rare. Good luck.

You are prohibited from suing your employer in New York unless it falls under the exception of a grave injury. A grave injury is defined in the workers compensation law. As such, you may have some options. Additionally, you may have a claim against another third party depending on the facts of your case.

The good news is that your employer, under the Workers Compensation law, is required to put his insurance carrier on notice and his insurance carrier will pay for all of your medical expenses and lost wages.

Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. You can also visit us at www.1800wefight.com. Just search workers compensation in our search box for helpful information on your claim.

I look forward to speaking with you.