BSPE Legal Marketing Podcast

Can I Sue My Employer for Negligence? - Keetick Sanchez

Keetick Sanchez Season 3 Episode 229

From K L Sanchez Law Office, P.C. – "Can I Sue My Employer for Negligence?" delves into the complexities of pursuing legal action against an employer following a workplace injury. In New York, the Workers' Compensation Law generally prohibits employees from suing their employers for negligence, designating workers' compensation as the exclusive remedy for on-the-job injuries. This system ensures that injured workers receive benefits without the need to prove employer fault, covering medical expenses and a portion of lost wages.

However, there are notable exceptions to this rule. If an employer lacks the required workers' compensation insurance or intentionally causes harm to an employee, legal action may be permissible. Additionally, if a third party's negligence contributes to the injury—such as a defective product or the actions of a subcontractor—the injured worker might have grounds for a separate personal injury lawsuit against that third party. Navigating these exceptions requires a thorough understanding of both workers' compensation and personal injury law.

The article also addresses the appeals process for denied workers' compensation claims. Denials can stem from disputes over the injury's work-related nature, pre-existing conditions, or questions about employment status. Understanding the distinctions between workers' compensation claims and personal injury lawsuits is crucial, as each offers different avenues for compensation and involves varying legal standards.

Given the intricacies of these legal matters, consulting with an experienced workers' compensation attorney is essential. The team at K L Sanchez Law Office, P.C. is dedicated to assisting injured workers in Queens and throughout New York, ensuring they understand their rights and receive the compensation they deserve. For personalized guidance and support, contact K L Sanchez Law Office, P.C. at (646) 701-7990 to schedule a free consultation.

K L Sanchez Law Office, P.C.

3763 83rd St #1m, Jackson Heights, NY 11372, United States

(646) 701-7990

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