Can You File a Personal Injury Lawsuit Against Your Employer in Long Island, New York?
If you get hurt on the job, you shouldn’t have to worry about paying for medical care. You should also be able to depend on your employer to cover your wages until you’re ready to come back to work. And, for the most part, you are entitled to both of these things. In New York, employees who are hurt on the job are entitled to workers’ compensation benefits. And, if for some reason your claim is denied, you can call an experienced worker’s comp lawyer in Long Island.
What some people don’t understand is that your only recourse for a work-related injury is filing a worker’s comp claim. You can’t sue your employer like you would any other party. For example, if you fall and get hurt at a department store, you can file a personal injury lawsuit against the store. Or, if you get into a car accident, your Long Island injury attorney can file suit against the other driver. If you get hurt at work, the only thing you can do is file a worker’s compensation claim.
The law in New York, and just about every other state, protects employers. They don’t think it’s fair for employers to have to defend themselves in personal injury lawsuits every time an employee gets hurt. If they had to do this, they’d probably go bankrupt in no time. While this may not be true for huge corporations, it is definitely true for small and medium-sized businesses. So, if you do get hurt at work, you should call and talk to one of our experienced workers’ compensation attorneys in Long Island right away. This way, they can make sure your claim is handled properly from the start. They can also let you know if you have a possible legal claim against some other third party.
Your Only Remedy is Workers Compensation Benefits
Like it or not, you can’t sue your employer if you get hurt at work. All you’re entitled to is medical care and replacement wages. And, in order to receive them, you need to meet certain criteria. In order to qualify for workers comp, you have to meet the following requirements:
- Your injury must take place while you’re on company time
- Generally speaking, the accident must take place on company property
- You can’t be under the influence of drugs or alcohol at the time of your injury
- You must comply with all of your company’s policies regarding workplace accidents and injuries
- You have to report the accident to your manager or Human Resources
- You need to be treated by a company-approved doctor and follow their treatment recommendations
- You need to return to work when your doctor deems you ready to go back
- You must submit to a drug test immediately after your accident
If you do all of these things, there’s a good chance that you’ll qualify for benefits in Long Island. However, there are certain things you won’t be able to sue your employers for, such as pain and suffering. You also won’t be able to sue your employer for property damage. For example, if you break a piece of jewelry in your work-related accident, you aren’t going to be reimbursed for this.
There are times when you can sue a third party for your work accident. However, this is limited to cases where someone other than your employer was negligent and caused your accident and injuries.
Call and Talk to an Experienced Workers Compensation Attorney in Long Island
Most people who get hurt at work have no problem getting workers’ compensation benefits. However, there are times when these claims are denied. If this happens to you, then it’s a good idea to call a skilled Long Island workers comp lawyer at Cellino Law sooner rather than later. Your attorney will make sure the insurance company handles your claim properly. If your claim is denied, they’ll help you file an appeal. And, worst case, they’ll help you file a worker’s comp lawsuit against your employer.
While your work injury attorney can’t get you personal injury damages for your work-related accident, they can get you the benefits to which you’re entitled. The only way to know for sure is to call and schedule your free initial consultation right away. Sit down with someone who’s handled plenty of cases like yours in the past. They can help negotiate your claim so you start getting your benefits right away. The consultation is free, and you don’t have to pay until your case is resolved.
