Brooklyn Injury Attorneys, P.C.

Brooklyn Workers Compensation Attorneys

Can You Sue Your Employer in NY For Negligence?

In New York, the Workers’ Compensation Law is an employee’s primary legal recourse for an on-the-job accident. This implies that a wounded employee cannot sue a coworker or employer for the carelessness that resulted in the injury. This rule does have one exception. For instance, if the employer caused the employee’s damage on purpose.

Procedures for Filing a Claim Against Your Employer

Workers have the opportunity to sue their employers if their rights are infringed in a way that causes substantial harm. The elements required to prove an employer’s carelessness are identical to those required to prove a normal personal injury lawsuit caused by negligence. Typically, proving an employer’s carelessness entails:

  • Demonstrating that the employer owes the victim a duty of care
  • Demonstrating that the employer’s duty of care was violated (i.e., failing to run a proper background check on a dangerous hire).
  • Demonstrating that the victim was hurt (injuries must be measurable and recorded by a medical professional).
  • Demonstrating that the harm was caused by the employer’s negligence

New York’s Statutes of Limitations permit workers three years from the date of incidence to file legal action against their employer. And any law firm can help you with your case.

Following these procedures can assist legal professionals in constructing the strongest possible claim:

  • Keep a record of your impressions of the occurrence and its surroundings. Make a chronology of events and take notes on important talks.
  • Receive and keep records of any medical care and expenditures linked to the injury caused by the employer’s carelessness, if applicable.
  • Collect any papers that may help you tell your side of the story, such as corporate policies, employee handbooks, performance reports, emails and communications, and so on.
  • Gather statements from any employees who witnessed or overheard occurrences that contributed to the problem or injury.
  • Keep records of getting professional help to handle workplace issues if filing a claim for emotional distress.
  • Consult with an attorney from a law firm that has handled negligence lawsuits for many years.

Brooklyn Workers Compensation Lawyers

The NYC workers’ compensation regulations are based on the following facts:

  • Any businesses are required to offer insurance coverage to reimburse employees for all work-related injuries, regardless of responsibility.
  • The employee waives the right to sue the employer or coworkers for further compensation.

In reality, New York City’s legal system is rarely so clear. There is one alternative to this rule that allows you to challenge your workplace in exceptional conditions: if your employer knowingly caused your damage.

Non-employer third parties that participated in the cause of your working accident may be sued under the third-party claims (workers compensation) system.

Our top-rated Brooklyn Workers Compensation Lawyers have years of combined expertise managing difficult work accident claims. Our attorneys are committed to assisting injured employees in receiving the full amount of compensation to which they are entitled, whether via workers’ compensation or the personal injury procedure.

When you’ve been injured on the job, please call our highly qualified Brooklyn workers’ compensation lawyers as soon as possible for a scheduled appointment.

Brooklyn Injury Attorneys, P.C. will help you learn more about your legal options for bringing an action against an employer or a third party for workplace injuries.

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