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Do I have a lawsuit against my former employer?

Liverpool, NY |

I fell off a ladder that was faulty and my employer knew it was broken. I am still seeking medical attention for this injury now, even though it has almost been a year since the accident.

Attorney Answers 4


  1. Your remedy is worker's compensation. Did you file a claim? Does your employer have worker's comp insurance? If YES, that is your exclusive claim against your employer. If NO, you can chose to either get comp benefits from the uninsured fund or sue your employer. If someone else owned the ladder you may be able to sue that person.

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  2. With some exceptions, such as suing third-parties, the Workers Compensation Law precludes the employee from directly suing his employer.

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  3. If there is no workers comp insurance, you should be able to get treble damages from your employer.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.


  4. While Worker's Compensation is a remedy, you may also have a third party claim depending upon the nature and location of the work that you were performing. You did not indicate what type of work that you do, but, for example, if you are a construction worker, you could have a viable case against the owner and general contractor of the job site for violating the New York State Labor Law. You typically can not sue your employer.

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