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Can You File a Personal Injury Lawsuit Against Your Employer in Long Island, New York?

Can You File a Personal Injury Lawsuit Against Your Employer in Long Island, New York?
Calendar icon September 30, 2020 | Reading Time: 4 min
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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.

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    • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

      Anthony

    • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

      Theodore

    • We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.

      Kerrijo & Jerry

    • I am writing to let you know what an outstanding job George Gridelli did for me in my personal injury lawsuit. His professionalism and expertise were evident at our first metting and he and his paralegal Diane D'Andrea took care of me as if I was a friend and not merely a client. They both went above and beyond for me in so many ways that it would be too numerous to list and I am grateful to have had such an exemplary team represent me. When working with George and watching him in court he personified to me what a lawyer is supposed to be - an honest, extremely compentent man who helped guide me through the legal system. I could not have obtained better representation anywhere else at any price. To me that says a lot abut you and your firm's integrity. Thank you again for representing me and for having such stellar individuals working for you! I will continue to recommend your firm.

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    • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

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    • Thank you for all your help. It has been a long journey. At last, the light at the end of the tunnel. Also, thank Tom for the help and work he put in.

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