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Filing Workers’ Compensation: Can I Still Sue an Employer?

The New York workers’ compensation insurance program is designed to provide some protection to both the employers and the employees when a worker is injured on the job. Employers have a legal requirement in maintaining workers’ compensation insurance protection for their workers while the workers cannot normally sue the employer for damages concerning the workplace accident injury.

When employers follow the guidelines, most injured workers get benefits after the first seven days off from work as well as coverage for the medical bills generated by the injury. Problems can develop when employers want to contest a claim or retaliate in some fashion, not to mention an application denial from the New York Workers’ Compensation Board.

Potential issues like these are common, and having an experienced New York workers’ compensation lawyer is vital for a successful outcome.

When an Injured Worker May Sue

Personal injury suits are based on negligence by one individual that leads to the injury of another party. Even though the workers’ compensation program restricts standard personal injury damages that include pain-and-suffering recovery, employers may often be found non-compliant with specific safety laws when a worker is injured.

A thorough New York workers’ compensation lawyer can investigate the employer's track record regarding citations and general unsafe practices at work, which can result in additional legal action if the negligence was a direct contributor to the injury being claimed.

All material case factors surrounding a workplace injury can matter, especially when the claims are serious, and evidence of negligence could potentially be found anywhere.

What a Personal Injury Attorney Can Do

The rules required to prove a personal injury claim in a standard New York state court are different from how a workers’ compensation claim is processed. The state workers’ comp board evaluates the claim for validity as a workplace injury. They are concerned with insurance coverage for the claimant.

A personal injury lawsuit must contain an element of negligence on the part of the respondent employer regarding causation of the injury, which can apply either directly or indirectly. Non-compliance with state occupational safety and health codes are solid documentation of negligence, but testimony from witnesses can have an impact as well.

A workers’ compensation attorney can conduct a complete investigation into the accident and craft a personal injury lawsuit for whole damages in some instances.

Never accept a workers’ compensation injury claim denial when you know you have a solid case. Always retain an experienced New York workers’ compensation and personal injury attorney like the legal professionals at Levine and Wiss who can fight for your full rights to seek financial compensation.

Call us today.