Frekhtman & Associates represent victims of on the job accidents within New York State. If you have been injured at work, it is important to understand how Workers’ Compensation affects your rights. When someone is injured on the job, their employer must have Workers’ Compensation insurance for them. This insurance pays for lost earnings, medical bills, and other benefits.
Under New York State Law, an employee who is injured during the course and scope of work cannot sue his or her employer because the employee will receive workers’ comp benefits including lost wages and medical bill payments. This is sometimes referred to as the Workers’ Compensation bar because workers are barred or prohibited from suing their employers. However, workers can file lawsuits against any third party responsible for their personal injuries.
For example, if John Smith is employed at a hospital and he slips on water in the hallway which was spilled by a co-worker at the hospital, he cannot sue the hospital or the co-worker because that is suing his employer which is not allowed. This type of case is called a straight workers’ compensation case because the only remedy is to receive workers’ compensation benefits.
Take the same scenario but John Smith slips on water in the hallway of the hospital and breaks a bone because ABC Cleaning Company hired by the hospital was mopping the floor and left a soapy puddle of water. Now, John Smith can file for Workers’ Compensation benefits because he was injured on the job and he can also sue a third party, in this case ABC Cleaning Company for his injuries because they were negligent and he does not work for them.
If you were injured on the job, it is important to contact an experienced workers’ compensation lawyer because often the scenarios are far more complex than the above example. In construction accident or Labor Law cases, an injured laborer usually cannot sue his employer but under Labor Law 240(1) and or Labor Law 241(6) the laborer can sue the landlord of the premises where the construction was ongoing as well as the general contractor for that construction job as both entities are liable by statute. There may also be a claim against subcontracting companies other than the injured worker’s employer if the facts so warrant.
If you have been injured on the job, our New York workers’ compensation attorneys today at (866) ATTY-LAW.