In most cases, employees injured while working in New York can’t sue their employers for those injuries. The employer’s workers’ compensation insurance covers most of these injuries. However, there are exceptions to when you can sue your employer for a workplace injury.
So, what should you do after a workplace injury, and when can you be sure it’s your employer in New York? Let’s find out!
What to Do When You’re Injured on the Job
When you’re injured on the job, you must take several necessary steps before finding out whether you can sue your employer. For instance, after suffering from workplace injuries, you should:
1. Determine your workers’ compensation eligibility
According to New York law, employers must be accountable for their employees’ injuries no matter who’s at fault. However, the liability is limited, and employers have protection against personal injury lawsuits in most cases, thanks to workers’ compensation insurance.
You can’t sue your employer if you’re eligible for workers’ compensation benefits. However, you can file a worker’s compensation claim, which offers you much less for your injuries compared to a personal injury lawsuit.
2. Get a medical evaluation
You’ll need to prove the cause and extent of your injuries before you can sue your employer. A comprehensive medical evaluation immediately after the accident gives you the proof you need and initiates your recovery process. However, you might need to visit an approved doctor to collect workers’ compensation benefits.
3. Follow your doctor’s advice
When recovering from workplace injuries, you’ll need to follow the doctor’s advice. You can also seek a second opinion if you disagree with your doctor’s advice.
If you plan to sue your employer for a workplace injury, you won’t need to seek medication from a company-approved doctor. Fortunately, an experienced attorney can help you find a trustworthy physician who has your best interests at heart.
4. Note down the details of your accident
Note down all the details you can remember about your injury. The more information you can remember about your workplace accident, the better-especially if you’re planning to file a personal injury lawsuit.
5. Consult a personal injury lawyer
A skilled personal injury lawyer with experience representing workers after injuries can easily tell you whether it’s wise to sue your employer or not. The personal injury lawyers at the Spektor Law firm in Queens, New York, will examine your case and help you file a personal injury lawsuit.
Note:
While these five steps are crucial after a workplace accident, injured workers might need to take many more steps. You should also contact the Spektor Law firm immediately if the accident happened in New York.
What to Do When You’re Injured Outside Work
Is there a chance you can sue your employer and get compensation for medical expenses and other losses? The answer is no in most cases, but several exceptions exist.
For instance, although accidents fall outside the employment scope, you can still file a claim against your employer if an accident happens while running a work-related errand. That might mean filing a personal injury lawsuit against your employer or the workers’ compensation claim.
Some injuries might also appear to be outside your scope of work while they’re work-related injuries. For instance, you might be entitled to workers’ comp benefits when you sustain an injury while on a company retreat or traveling for work.
But what can you do when an injury occurs away from work and you don’t have a negligence claim or a workers’ compensation claim against your employer? In that case, you’ll need to consider other options.
For instance, some people are eligible for unemployment/ disability benefits. If your injury occurred in a car accident, you might consider asking your injury attorney to file a lawsuit against the at-fault party.
When can I sue my employer for workplace injuries?
You can sue your employer for a work-related injury in these two main scenarios:
i.) If your workers’ compensation claim is wrongfully denied
If you’re eligible for workers’ compensation, you’ll need to claim the benefits before suing your employer. If the workers’ compensation insurance takes care of your claim, you’ll have no grounds to sue your employer. However, you can sue your employers if they wrongfully refuse to pay workers’ compensation benefits.
According to the workers’ compensation laws, you’ll need to appeal your case with the workers’ compensation board. The experienced attorneys at the Spektor Law firm can explain how the workers’ compensation system works until your get the benefits due.
ii.) If your employer doesn’t offer workers’ compensation insurance
If your employer doesn’t provide any workers’ compensation cover, you can use them whenever you suffer an injury or illness at work. You might be entitled to compensation if:
- You’re an independent contractor not covered by the workers’ compensation insurance policy.
- The state exempts your employer from the workers’ compensation law, especially if it’s too small.
- Your employer is violating the New York law by not offering a workers’ compensation cover.
Will I get paid for a workplace injury?
While nobody should suffer severe injuries while working, work-related injuries are common in most workplaces. But will you get paid when an injury occurs at work? Well, that depends on several factors.
Here are some facts that an injured worker will need to consider:
- Injured workers will only get paid after asserting their legal rights.
- Even when you’re eligible for workers comp benefits, you’ll need an experienced work injury lawyer to get the maximum compensation.
- If you aren’t eligible for the workers’ comp, you’ll still need an experienced workers’ compensation attorney from Spektor Law to file a workers’ compensation case in court.
- Regardless of whether you’re eligible for workers comp, injured victims might also sue other companies and get compensation for medical bills and lost wages if they’re found responsible.
How much will I recover if I sue my employer?
How much you’ll get when you sue your employer will depend on the extent of your injuries. In most personal injury cases, the victims can recover financial and non-financial losses. However, it’s up to the injured victims to prove the amount they deserve to heal.
Your financial compensation will be significant if you have a significant work injury. An experienced personal injury attorney can help you claim the compensation you deserve, accounting for outstanding and future medical expenses and wage loss.
Injured workers can also claim compensation for non-financial losses like emotional distress, loss of consortium, loss of life enjoyment, post-traumatic stress, pain, and suffering. There’s no money to add up in non-financial losses, so per diem and multiplier methods are used to calculate the compensation.
Compensation for your financial losses will be based on expected out-of-pocket costs for lost wages, medical bills, and other expenses. In most cases, the amount paid for non-financial losses exceeds financial losses, but your lawyer will ensure you get the compensation you deserve.
How can you sue your employer?
So you want to sue your employer for a workplace injury? Here’s what to do:
1. Report your injury
Report the injury to your employer as soon as possible. That’s necessary when working with companies that provide workers’ compensation coverage. It also provides the crucial documentation you’ll need to sue the employer for a work injury.
2. Receive medical treatment
Seek medical treatment as soon as possible. Remember, you must see a company-approved physician if you plan to file a workers’ compensation claim.
3. Take detailed notes
To assert your legal rights, you must provide details of how and when the workplace injury happened. The more information you remember and write down, the better.
4. Schedule a free consultation
Call 888-797-7755 to Schedule a free consultation with the experienced work injury lawyers at Spektor Law to know whether you should file a lawsuit or a workers’ compensation claim.
5. Consider hiring a lawyer
Your free consultation with the experienced lawyer from Spektor Law will give you an initial assessment of your rights and know hiring a work injury lawyer is necessary. If our lawyer believes you have a workers comp claim, we’ll work closely with you to get the maximum benefits.
6. File your claim
While you can file a workers’ compensation claim on your own, it’s wise to have a lawyer present. If you’re filing a personal injury lawsuit or any other third-party claim, your only real option will be to hire an experienced work injury attorney.
7. Take the appropriate follow-up action
Filing your claim only gets the ball rolling. You’ll need to follow through with your treatment and have an excellent attorney-client relationship with your lawyer when negotiating settlement offers.
Will I get fired if I sue my employer for a work injury?
Understandably, it’s normal to wonder what will happen to your job when you sue your employer for a work injury. That’s a delicate situation, which might require an experienced attorney to get through.
Generally, your employer won’t retaliate against an injured worker. For instance, if you file a workers’ compensation case, your employer won’t fire you for asserting your legal rights. This basic principle may also apply in litigated cases, but some practical issues might come into play.
When you file a lawsuit against the company after a work injury, your employer can understandably assume that you don’t have the business’s best interest at heart. In that case, your employer might find grounds to fire you. Additionally, your employer isn’t legally required to retain your services after settling your injury claim.
Simply put, suing your employer will not help you keep your job. Your employer cannot also use pretexts to fire employees who seek compensation following a workplace injury. That means your employers can’t claim they’re implementing standard reductions to punish you.
When trying to recover compensation from your employer, things can get complicated quickly, so it’s best to talk to a work injury attorney about your case.
Why some employees can’t sue their employers for work injuries?
The workers’ compensation laws prevent most employees from suing their employers for an on-the-job injury. That’s because state legislators believe that employees deserve compensation for work injuries, regardless of fault. That’s also more efficient than employees proving that the employer should be held accountable for their losses.
In turn, the workers’ compensation laws have created what’s legally known as “employer immunity.” Employees who file work injury claims will receive compensation without proving fault, but the employer is also immune to most personal injury claims from employees.
Are there any limitations to the employer’s immunity?
While employers enjoy significant immunity against work injury lawsuits, this privilege isn’t absolute. Here are several situations where you can sue your employer:
- Your employer intentionally harms you.
- Your employer’s negligence caused the accident.
- Your employer manufactured the item that injured you.
- Your employer wrongfully denied your workers’ compensation claim.
- You’re an independent contractor
Looking for an Experienced Work Injury Lawyer? Call Spektor Law Firm Today!
experienced lawyers at Spektor understand the New York law and can help you get the maximum compensation from your workers’ comp insurance or lawsuit. Call 888-797-7755 for a free evaluation! We’ll help you get full wage loss, medical expenses, and pain and suffering compensation in a smooth and friendly process.
