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Can I sue my employer for physical damages due to an injury I sustained on the job? I injured my knee and had surgery.

Yonkers, NY |

A couple of months after the surgery, I rushed back to work (after some rehabilitation) due to mounting bill. I regretted that decision because I'm still experiencing nagging pain and discomfort to my knee. Do I have a case?

Attorney Answers 13


  1. Best answer

    I am sorry to hear about your injury and hope you can make a full recovery.
    Your question identifies you as coming from Yonkers, New York. NY Workers’ Compensation law limits the ability to seek additional damages from an employer. In short, if you are hurt on the job, you collect Workers’ Compensation benefits, but you generally cannot sue your employer for compensation for your injuries.

    There are important exceptions to the restriction on suing for additional compensation. You may be entitled to additional compensation if you fit any of the following categories:
    • You are a uniformed employee or teacher in New York City or other municipality who is exempt from Workers’ Compensation by contract.
    • Your injury occurs while working on a ladder, a scaffold or at any elevation.
    • Your injury results from an object falling on you from a ladder, scaffold or construction site.
    • Your injury occurs due to a defective product.
    • Your injury occurs due to the negligence of someone or some entity other than your employer. This category would include injuries resulting from a motor vehicle accident with a driver not employed by your employer or an injury resulting from the negligence of a property owner when you are working off-site.
    • Your injury occurred due to gross negligence of your employer or fellow employee.

    I should caution you that the gross negligence exception is very difficult to prove.

    Make sure that you file for and receive your full Workers’ Comp benefits that include coverage for medical expenses, lost wages and related expenses. If in doubt, you should contact an attorney experienced with Workers’ Compensation issues.

    I hope this information helps.

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship. If you are in the New York metropolitan area, feel free to call us at 1-800-660-1466 or contact our website www.SchlittLaw.com and I will see if we can help you.


  2. You cannot sue your employer because under NY law, an employee who is injured on the job, may not file a lawsuit against their employer but must instead make a claim against the employer's Worker's Compensation insurer. I would recommend that you consult with a good personal injury attorney who will be able to advise you further.


  3. Speak with a personal injury attorney regarding your potential worker's compensation case.

    This communication is intended only to provide general information. No attorney-client relationship is created.


  4. You cant sue your employer because your only recourse against your employer is only workers compensation. How did you injure your knee?


  5. As indicated by my colleagues, you should contact a personal injury attorney to determine if you have a possible third party claim available to you in addition to a worker's compensation claim. The general rule in NY is that you cannot sue your employer for on the job injuries except in very limited circumstances. You may be able to bring a lawsuit however if someone other than your employer was responsible for the accident even if it occurred while working.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  6. probably not. but you need to contact a local attorney who handles workers comp to advise you. contact an attorney who contributes to Avvo


  7. It really depends on how the injury occurred. You certainly have a worker's compensation claim against your employer, but a personal injury action is unlikely. You may have a personal injury action against third parties, but you haven't provided enough information. Please see my disclaimer.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  8. You cannot sue your employer directly in NYS. Workers Compensation is your sole remedy. You should however speak with a personal injury lawyer concerning the details of your accident to determine if a third party other than your employer may have been negligent thereby causing your injuries. You should also hire a lawyer who specializes in workers comp to help you through that process.


  9. Remedy is workers comp. Retain a workers comp lawyer to assist you with this claim.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  10. How did the accident that caused your injury occur?
    Was the accident caused by the negligence of someone or some company other than your employer?


  11. Generally you can't sue if there is worker's comp unless injury exceeded scope of coverage or you were injured by a machine or something at work manufactured by third party and injury was a result of a defect.

    Hire a lawyer to protect your legal rights. Good Luck!

    THE ESTRELLA LAW FIRM, P.C.
    “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE”

    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  12. Generally, if you are injured while in the course of your employment, you are precluded from asserting a claim of negligence against your employer or fellow employees. There are certain exceptions that exist that an experienced accident or worker's comp attorney can explain.

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