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?
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.
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.
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.
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.
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.
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!
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