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Can I Sue For A Work-Related Injury?



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You can sue for a work-related injury under certain conditions. Typically, employers in New York have immunity from personal injury lawsuits, but there are exceptions. There may be other liable parties (other than your employer) who do not have this immunity.

When you may be able to sue for a work-related injury

Most employers in New York State must provide workers’ compensation for their employees. In exchange for this insurance, employers enjoy a certain level of protection from being sued.

However, there are instances when you may be able to sue for work-related injuries or illness, including:

  • Negligence of a third-party, which is independent of your employer, such as in a construction accident case.  For example, your employer may be a subcontractor at a construction project.  You may be injured and entitled to Workers’ Compensation from your employer, and in addition have the right to sue the project owner and general contractor.

You may also sue for damages if you are an independent contractor. There are many facets to these cases, so we encourage you to consult an attorney from our firm before taking any legal action.

Your legal status does not affect your right to sue for a workplace injury

In our experience as workplace injury lawyers, we know that many employers hire undocumented workers. This is especially true in high-risk industries, including construction, manufacturing, and agriculture.

You may be able to file a lawsuit for work-related injuries even if you are:

  • Working under an alias
  • Living in the United States beyond the limits of a visa or other temporary provision
  • Living in the United States but entered the country without permission
  • Living in the United States because your parents or other family member brought you when you were a minor

How our lawyers help with your work-related case

You did not ask to be injured at work, but you can ask for help if you want to pursue compensation.

A workplace injury lawyer with our firm can:

  • Evaluate your injuries and damages to gain an objective view of your case.
  • Secure expert testimony, documentation, and other evidence of liability, negligence, or wrongdoing.
  • Assess your past and future damages.
  • Seek compensation through a settlement or a judgment.

Our lawyers can work for you on a contingency basis. You pay nothing up front, and we are paid only if and when we successfully recover damages on your behalf.

We can use the facts of your case to establish liability

There are four conditions of liability that must be considered for any type of work-related or personal injury case:

  • The third party owed you a duty of care to take reasonable measures to avoid harming you.
  • The third party failed to uphold this duty of care in some manner, such as omission.
  • This breach of duty caused your injuries.
  • These injuries resulted in damages for you and your loved ones, such as medical bills or pain and suffering.

What damages could I recover if I successfully sue for a work-related injury?

Depending on the severity of your injuries and your expected prognosis, you may be able to recover compensation for:

  • Medical expenses including emergency care and follow-up treatment
  • Lost wages
  • Lost union benefits
  • Past pain and suffering because of injuries
  • Future pain and suffering because of injuries
  • Spousal loss of services
  • Other related out-of-pocket costs

One of our clients commented that: “I was frightened about my family’s future. Jacob Oresky and his team helped me get my medical bills and lost wages paid.” We welcome the chance to help you pursue compensation and justice for your case.

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Over Thirty years of helping injured New Yorkers won over $400 million in verdicts  & settlements

You should not have to suffer financially if someone’s negligence injured you. Our firm has won over $400 million in damages from settlements and verdicts over the past 30 years.

We serve clients throughout the New York City metro area, including:

We handle many types of workplace injury cases.