In New York, if your employer does not have Worker's Compensation insurance, you may sue your employer for the injuries you have received if your employer is somehow responsible.  You may also collect Worker's Comp benefits from a fund created to compensate uncovered workers.      However, if your employer does have Worker's Compensation insurance, you may not sue your employer.  You may, however, have a claim against the property owner, a contractor  or other third party under New York's Labor Law.  In the Rochester area such cases are commonly brought by construction workers, sheet rock hangers and painters who have been injured in a fall off of a roof, ladder or scaffold.  Other common claims are brought by workers when tools or contruction materials fall on them from above at the worksite.      It is actually easier to state who the worker cannot sue,(their employer) rather than who they can sue, due to the complexity of the Labor Law.         The important thing for the worker to do is to contact a lawyer with significant experience handling these types of cases so that attorney can carefully and intelligantly analyze the facts of a particular case and give the best possible legal advice to the worker.  This IS NOT a case that should be handled by an attorney who is not intimately familiar with the Labor Law.

 

Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.

Q: Can I sue my employer for my serious injury I received while on the job?

A:   In New York, if your employer does not have Worker's Compensation insurance, you may sue your employer for the injuries you have received if your employer is somehow responsible.  You may also collect Worker's Comp benefits from a fund created to compensate uncovered workers.
     However, if your employer does have Worker's Compensation insurance, you may not sue your employer.  You may, however, have a claim against the property owner, a contractor  or other third party under New York's Labor Law.  In the Rochester area such cases are commonly brought by construction workers, sheet rock hangers and painters who have been injured in a fall off of a roof, ladder or scaffold.  Other common claims are brought by workers when tools or contruction materials fall on them from above at the worksite.
     It is actually easier to state who the worker cannot sue,(their employer) rather than who they can sue, due to the complexity of the Labor Law.  
     The important thing for the worker to do is to contact a lawyer with significant experience handling these types of cases so that attorney can carefully and intelligantly analyze the facts of a particular case and give the best possible legal advice to the worker.  This IS NOT a case that should be handled by an attorney who is not intimately familiar with the Labor Law.



Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.
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