Suing Your Boss

Were you seriously injured at work, and have questions about suing your boss for your injuries? Watch this video by Buffalo Workers Compensation Lawyer Jerry A. Gambino to learn about the legal process. If you have questions about your particular work injury, please contact us to schedule a consultation. We welcome the opportunity to serve you.

A person who is injured at work cannot sue their employer; but may be able to sue a third party.

For example, if a truck driver who is driving their truck for work is struck and injured by another vehicle, they have a workers compensation case for their injuries as well as grounds for a potential lawsuit against the other driver and the other vehicle’s owner.

You cannot sue your employer for work-related injuries because using your boss’s workers compensation insurance to cover your damages is the purpose of workers compensation.

It is important to know that you are not meant to have all the knowledge regarding workers compensation because your lawyer should be the one that stays up to date on things such as that but it is important that you do know what the benefits of workers compensation should be. That way we know that you are aware of your rights when you call to make a consultation with it. While you won’t be suing your boss, you can be collecting a variety of different benefits for your workplace injuries.

Here is what you should know about workplace injuries:

The most you can get each week is two-thirds (up to certain limits) of your weekly wage, and most likely it’ll be less than that. That’s because the Workers Compensation Board calculated your weekly compensation payments based on a percentage of your weekly wage and your level of disability. So if you made $500 per week and the Board considered you to be 100% disabled, you would get $333.33 every week. But if you were 50% disabled, you would only get $166.67 every week. And if you return to work, but cannot work at full capacity, you’re eligible to receive reduced earning compensation.

An injured employee is eligible to obtain all required medical care related to the work injury or illness. Medical benefits can also include out-of-pocket expenses, such as travel costs to get medical care you need. However, there are some rules on payments for the medical care.

One of the biggest restrictions is that Workers Compensation Board has to authorize any health care provider an injured party wants to use, except in cases of emergency treatment. Additionally, the employee may have to obtain prescription drugs and receive medical tests from facilities and pharmacies of the workers’ compensation insurance company’s choosing.


Were you seriously injured at work and have questions about suing your boss? Contact our dedicated Buffalo workers’ compensation lawyers for a confidential consultation. The law firm of Cole, Sorrentino, Hurley, Hewner & Gambino has been providing sound legal advice and representation on Workers’ Compensation claims for more than 45 years. Let our experience work for you.

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