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Can I File Suit against My Employer if I Am Injured at Work?

New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers

A question we frequently get from prospective clients has to do with whether or not an employer can be sued in court for a personal injury suffered on the job. The answer, as is often the case, is that it depends.

If your employer had a valid policy of workers’ compensation insurance, as required by law, you cannot file a lawsuit for a personal injury, even if the employer was clearly at fault. That’s the purpose of workers’ compensation insurance. Under the workers’ compensation laws, if your employer has workers’ compensation insurance, your only recourse for wrongful acts by your employer or a co-employee are through a workers’ compensation claim.

Historically, this is what is known as “the great bargain,” designed to provide benefit to workers and employers. Theoretically, workers benefit because they have quicker access to benefits, without the cost of filing a lawsuit. Employers benefit because workers’ compensation benefits are limited, so employers don’t have to worry about unreasonably large jury verdicts.

There are a couple situations where you may be able to file suit in court. If your employer does not have workers’ compensation insurance, you can pursue a claim outside of the workers’ compensation system. Additionally, if you were injured by the actions of someone other than your employer or a co-employee, you can sue that person in court. In fact, you can have that lawsuit pending at the same time you have a workers’ compensation claim pending against your employer.

Can I File a Suit Against My Employer If I Am Injured at Work?

Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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