Workplace injuries are common, especially in physically demanding jobs. If you have been hurt on the job in New York and are concerned about medical expenses and lost income, Workers’ Compensation, which employers are legally obligated to carry, may provide benefits. However, Workers’ Compensation can limit your ability ot sue your employer. To understand the implications of filing a claim and navigate the process, it’s crucial to speak with our experienced Westchester County Workers’ Compensation Attorneys today to discuss your case.
What is Workers’ Compensation?
First and foremost, it’s important to understand that Workers’ Compensation is a type of insurance employers in New York must carry for their employees. It provides benefits to workers who become injured or ill on the job. This type of insurance can cover medical expenses, lost income due to time taken off work, rehabilitation, educational retraining, and disability. You should note that Workers’ compensation differs from unemployment benefits and disability insurance.
This system offers mutual advantages for employers and employees. Employees receive assured compensation by pursuing additional legal action, while employers accept a certain level of responsibility but mitigate the potentially higher costs associated with personal injury litigation.
Workers’ Compensation is a no-fault system, which means that an injured employee can receive benefits, regardless of who was at fault for the injury. However, in exchange for guaranteed benefits, the employee waives their right to sue their employer for additional damages beyond those offered by Workers’ Compensation.
Can You Sue Your Employer for a Workplace Injury?
Although employees are generally prohibited from seeing their employer for a workplace injury if they receive Workers’ Compensation benefits, there are certain exceptions and exemptions.
There are certain exemptions, as certain individuals or businesses are not required to carry Workers’ Compensation insurance. This typically includes sole proprietors, partners in a partnership, and one or two-person corporations without employees. Non-profit organizations may be exempt for certain employees and volunteers, as well as independent contractors and freelancers.
If an employer acted with the deliberate intent to cause harm or injure an employee, the employee may be able to pursue a lawsuit. In addition, in cases of gross negligence, you may be able to sue for additional compensation for your damages. Finally, if a third party, meaning someone other than your employer, like a contractor, manufacturer of equipment, or co-worker, you can pursue legal action against that third party.
As you can see, accepting Workers’ Compensation benefits can limit your ability to sue your employer. That’s why it’s important to understand the implications of filing a Workers’ Compensation claim in New York State and consult with an experienced attorney from Hausman & Pendzick. Our legal team is prepared ot help you fight for the justice you deserve. Connect with our firm today to learn how we can fight for you during these difficult times.