Workers’ compensation in New York is designed to be a “no-fault” system. That means injured employees typically cannot sue their employers, even if the employer’s negligence caused the injury. Instead, workers’ comp provides medical treatment, lost wages, and other benefits without needing to prove fault.
But are there exceptions? Yes. In some very specific situations, New York law allows an injured worker to step outside the workers’ compensation system and file a separate lawsuit against their employer or a third party. At Shafran & Rock, we help clients determine whether they have a case and pursue the maximum compensation available.
Why Workers’ Comp Usually Replaces the Right to Sue
The workers’ compensation system was created to streamline injury claims for both employees and employers. In exchange for guaranteed benefits, employees generally give up their right to sue their employer for negligence. That means:
- You usually can’t file a personal injury lawsuit against your employer for an on-the-job injury.
- You can’t seek pain and suffering damages through workers’ comp.
- You are limited to benefits such as medical treatment, lost wages, and disability payments.
However, there are situations where this “exclusive remedy” rule doesn’t apply.
3 Situations Where You May Be Able to Sue
While most workplace injuries are handled through workers’ compensation, here are three scenarios where you might be able to sue your employer or another party:
- Intentional Harm by Your Employer
If your employer intentionally caused your injury, such as by assaulting you or knowingly exposing you to hazardous conditions without warning, you may be able to file a personal injury lawsuit. These cases are rare and difficult to prove, but they do exist. - Injuries Caused by a Third Party
If someone other than your employer or co-worker caused your injury, you may be able to file a third-party lawsuit. Examples include:- A delivery driver injured in a crash caused by another motorist
- A construction worker hurt due to defective equipment
- An office employee injured by a building maintenance contractor
In these cases, you can pursue a personal injury claim against the third party while also receiving workers’ comp benefits.
3. Grave Injury Exception for Construction Workers
Under New York’s Labor Law Sections 200, 240 (“Scaffold Law”), and 241, construction workers who suffer a “grave injury” may sue their employer or general contractor, even if they’re covered by workers’ comp. These laws are unique to New York and often apply in fall, scaffolding, or demolition accidents.
What Counts as a Grave Injury in New York?
New York defines “grave injury” very specifically under the Workers’ Compensation Law Section 11. These injuries include:
- Death
- Permanent and total loss of use of a limb
- Paraplegia or quadriplegia
- Loss of multiple fingers or toes
- Facial disfigurement
- Loss of an eye or ear
These injuries allow the worker or their family to pursue additional legal action against certain parties, even beyond standard workers’ comp.
Why Consider a Lawsuit Outside Workers’ Comp?
Workers’ comp helps cover medical care and a portion of lost wages but it doesn’t provide full compensation. You cannot receive:
- Full lost earnings (especially if you’re out of work long-term)
- Damages for pain and suffering
- Compensation for emotional distress or loss of enjoyment of life
A third-party lawsuit or qualified exception may allow you to recover these additional damages and provide long-term financial security.
What About Suing for Retaliation?
New York law also protects workers from retaliation after filing a workers’ comp claim. If your employer fired you, demoted you, or treated you unfairly because you filed a claim, you may have grounds for a separate retaliation lawsuit. In these cases, you can seek:
- Reinstatement to your former job
- Back pay
- Damages for emotional distress
- Attorney fees
You must act quickly, as deadlines apply.
How Shafran & Rock Can Help
Determining whether you can sue outside of workers’ compensation in New York is not always straightforward. It requires careful review of:
- The facts surrounding your injury
- The parties involved
- Your employment status and industry
- Applicable state laws and exceptions
At Shafran & Rock, we specialize in both workers’ compensation and personal injury law, which means we can evaluate all potential claims and advise you on the best course of action.
Injured at Work? You May Have More Options Than You Think
If you’ve been hurt on the job in New York, don’t assume workers’ comp is your only path forward. You may be eligible to sue for additional damages, depending on the circumstances of your injury. Contact us today to schedule a free consultation and find out how we can help protect your rights and maximize your compensation.
