If you have been injured on the job in Buffalo, you will obviously want to know, “Can I sue my employer after a workplace injury?” While you may be eligible to receive workers’ compensation, you will most likely not be able to sue your employer directly for financial damages. However, there are a few scenarios in which you may be able to recover against them.
Can I Sue My Employer After a Workplace Injury? | Workers’ Compensation
In order to recover workers’ comp, you must have been accidentally injured while on the job, working as an employee. Additionally, your injuries must be related to the job. For instance, if you’re a professional painter and hurt your back while painting a customer’s house, that’s probably covered. But you’re probably not covered if you were injured when a drunk driver ran off the road and hit you during a painting job.
Even if you meet the requirements, you could still be ineligible to receive workers’ comp benefits if you were under the influence of drugs or alcohol at the time of the injury or you were acting inappropriately on the job, – for example, horseplay or knowingly and intentionally misusing equipment.
Can I Sue My Employer After a Workplace Injury? | Exceptions
You are allowed to file a lawsuit against your employer if your injuries were the result of your employer’s intentional or egregious conduct. You may, however, be able to sue your employer under a personal injury claim. You are also allowed to sue your employer for a work-related injury if they do not have workers’ compensation insurance. If this happens, you may still be able to recover from the New York State Uninsured Employers Fund.
Even if you can’t sue your employer, you may be able to sue the responsible party if your injuries were due to a defective or toxic product, or if your injury was the fault of someone not connected in any way to your employer.
Contact Our Buffalo Workers’ Compensation Lawyers
Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., online or call to arrange your initial consultation with one of our Buffalo workers’ compensation lawyers. We welcome the opportunity to represent you.