The most common question our Workers’ Compensation attorneys are asked by new clients is whether they can sue their employer for causing their injury. The law in New York does not allow you to file a lawsuit against your employer. Rather, your only legal option is to file a Workers’ Compensation claim. While there are some very limited exceptions to this rule, they are extremely rare. Thus, generally speaking, you are limited solely to the Workers’ Compensation claim.
You may be able to file a Personal Injury lawsuit against a third-party, not associated with your employer, if that third-party caused your injury. For example, if you are a truck driver and are injured in a motor vehicle accident during the course of your employment, you may be able to sue another driver who caused the accident. In this instance, you would also have a Workers’ Compensation claim. The Workers’ Compensation insurance carrier will have a lien for what they have paid in lost wages and medical care against any money you receive in the third-party claim. The calculations and requirements are extremely complicated, so it is important to speak to an attorney who understands both the Personal Injury claim and the Workers’ Compensation claim.
At MCV Law, we handle both personal injury and Workers’ Compensation under one roof. Our attorneys work together to provide our clients with a wholistic approach that maximizes all of their benefits. Call MCV Law today for a free consultation.
“I recently had the pleasure of working with MCV Law, and I couldn't be more pleased with their exceptional service. From the very start, their team demonstrated a genuine concern and commitment to my case. Communication was clear and timely, and I felt well-informed and supported throughout the entire process. I highly recommend them for anyone in need of legal representation.”
-Nicholas W., a satisfied MCV Law client