Skip to main content

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.

+ Read More

Attorney answers 4


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.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


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.


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.

New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

Andrew Lawrence Weitz

Andrew Lawrence Weitz


just to round things out, construction, renovation or repair, exclusive of routine maintenance.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer