If you are injured at work or on a job site, you will likely be covered under New York’s workers’ compensation laws. Suing an employer directly is not usually an option for recovering financial damages. However, there are two major exceptions to this rule. Contact our office today to consult with our experienced Buffalo workers’ compensation lawyers.
Suing an Employer | Workers’ Comp 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.
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Suing an Employer | Workers’ Comp Insurance
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, horseplaying, or knowingly and intentionally misusing equipment.
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.