Employees who suffer injuries at work often wonder if they can sue their employer for negligence. NYC workers’ compensation lawyer Keetick L. Sanchez (https://accidentlawyer-queens.com/can-i-sue-my-employer-for-negligence/) discusses the legal options available to injured workers, explaining the rules that determine whether an employer can be held responsible for workplace accidents.

At K L Sanchez Law Office, P.C., NYC workers’ compensation lawyer Keetick L. Sanchez emphasizes that in most cases, employees cannot sue their employer directly for negligence due to the exclusive remedy rule outlined in New York’s Workers’ Compensation Law. This law ensures that workers receive benefits for medical bills and lost wages without having to prove fault. However, there are exceptions to this rule that could allow injured employees to take legal action.

Under New York Workers’ Compensation Law §29(6), workers’ compensation is the primary remedy for work-related injuries. This means that if an employee is hurt while performing job duties, they must file a workers’ compensation claim rather than a personal injury lawsuit. However, workers’ compensation may not cover all damages, which leads many employees to explore other legal options. Consulting an NYC workers’ compensation lawyer is essential for understanding potential alternatives.

Keetick L. Sanchez explains that while suing an employer is generally not an option, certain exceptions allow employees to pursue legal action. One major exception is when an employer fails to carry the legally required workers’ compensation insurance. In such cases, an injured worker may be able to file a personal injury lawsuit to recover damages. Another exception involves cases where an employer intentionally causes harm to an employee. While difficult to prove, an injured worker may have a claim if they can show that their employer deliberately created a dangerous situation leading to their injury. These types of claims require substantial evidence and legal guidance from an NYC workers’ compensation lawyer.

New York law also recognizes the “grave injury” exception under Section 11 of the Workers’ Compensation Law. Keetick L. Sanchez clarifies that while an injured employee cannot typically sue their employer, third parties involved in the injury—such as property owners or contractors—may have the right to bring the employer into a lawsuit under this exception. Grave injuries include conditions such as amputation, paraplegia, total blindness, and severe disfigurement. If an employee sustains one of these injuries and files a claim against a third party, the employer may be brought into the lawsuit and held financially responsible. Since these cases can be challenging, seeking guidance from an NYC workers’ compensation lawyer is highly recommended.

When a workplace injury is caused by someone other than the employer or a coworker, an injured worker may have the right to file a third-party lawsuit. Keetick L. Sanchez notes that these cases often involve negligent drivers in work-related vehicle accidents, defective equipment or machinery manufacturers, or property owners responsible for unsafe working conditions. If a third-party lawsuit results in compensation for the worker, the workers’ compensation insurer may seek reimbursement for the benefits already paid. This process, known as a third-party lien, can complicate legal claims, making legal representation from an NYC workers’ compensation lawyer crucial.

Many injured employees face challenges when their workers’ compensation claims are denied. Keetick L. Sanchez explains that common reasons for denials include disputes over the cause of injury, questions about the employee’s work status, and missing medical evidence. “The appeals process can be challenging, and missing a deadline can significantly impact a worker’s ability to receive benefits,” says Sanchez. “Having legal support ensures that injured workers can gather the necessary evidence and navigate the appeal system effectively.” An appeal begins with a request for review by the Workers’ Compensation Board. If the board denies the claim, the case may proceed to a workers’ compensation judge and, if necessary, higher courts. Since strict deadlines apply, injured workers should consult an NYC workers’ compensation lawyer as soon as possible to protect their rights.

Keetick L. Sanchez emphasizes that workers’ compensation and personal injury lawsuits are different legal paths. Workers’ compensation provides medical and wage benefits regardless of fault, but it does not cover pain and suffering. In contrast, personal injury lawsuits can seek compensation for emotional distress, long-term suffering, and other damages—but they require proving negligence. While most workplace injuries are covered exclusively by workers’ compensation, a personal injury lawsuit may be an option if a third party’s negligence contributed to the injury. Understanding these differences is vital for workers considering legal action.

Navigating workers’ compensation laws and potential third-party claims can be overwhelming. Keetick L. Sanchez and the team at K L Sanchez Law Office, P.C. assist injured workers in understanding their rights and pursuing the compensation they deserve. If a workplace injury has led to lost wages, medical bills, or long-term health issues, legal support can make a significant difference. Consulting an experienced NYC workers’ compensation lawyer can help injured employees explore all available legal options.

About K L Sanchez Law Office, P.C.:

K L Sanchez Law Office, P.C. is a law firm dedicated to helping injured workers and accident victims in New York City. Led by attorney Keetick L. Sanchez, the firm provides legal representation in workers’ compensation claims and personal injury cases. The firm is committed to advocating for the rights of injured employees and ensuring they receive the benefits and compensation they are entitled to under the law.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=JuLbKO1scLU

GMB: https://www.google.com/maps?cid=2729652254808699760

Email and website

Email: [email protected]

Website: https://accidentlawyer-queens.com/

Media Contact
Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
Email: Send Email
Phone: (646) 701-7990
Address:3763 83rd St #1m
City: Jackson Heights
State: New York 11372
Country: United States
Website: https://accidentlawyer-queens.com