Can i sue my former employer from getting hurt on the job? can i sue for pain and suffering or what else?

Asked about 1 year ago - Bronx, NY

right now i have a workermans comp case open in Nassau county new york. i hurt my wrist had carpal tunnel surgery and recently went for a scheduled loss of use which concluded a 15% total for partially permanently disabled finding. this case will be presented in 2 weeks after an ongoing 5 year process. right now the lawyers are only going on workemans com and my wages lost.

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Speak with your comp lawyer.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  2. William Ward Crossett

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Typically workers compensation is your only remedy unless you can show your injury was caused by someone who is not a co worker. Workers compensation awards you for your functional loss not pain and suffering .

    You should discuss what your Doctors reports mean and the likely outcome of your up coming Hearing with your attorney. If you are awarded a Schedule Loss of Use (SLU) you need to understand your rights going forward as a SLU is not the same as a Section 32 settlement.

    Please remember the answer to this question is in general and without knowledge to the specific facts of your case.... more
  3. Brandon S. Clark

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . How did your injury occur? Did you have a fall? Were you involved in a motor vehicle accident? Was there a third party responsible for your injury in addition to your employer?

    There are narrow exceptions to the general rule that you cannot sue your employer for an injury at the workplace, but it seems from your limited account that your incident does not fall within one of the exceptions.

    However, if a third party was responsible for your injury, you could make a claim for pain and suffering in a legal action against the third party. If your existing attorney failed to refer you to a third party attorney and/or properly investigate your potential third party claim within three years of the accident, and assuming your third party claim would be meritorious, then you may have a legal malpractice claim.

  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    Answered . No. Workers' Compensation is your exclusive remedy.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more

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