Off The Record – Workers’ Comp – Workplace Negligence

Video Transcript

Today I wanted to update everyone on something that causes a lot of frustration for people with a Workers’ Compensation claim.

Sometimes workplace injuries happen because of negligence by a coworker, an employer, or unsafe working conditions.

For example, maybe a machine is not working properly, or there is a dangerous condition in the workplace.

People often ask me, “Why can’t I sue my employer if they were negligent?”

Under New York Workers’ Compensation law, you generally cannot sue your employer for an on-the-job injury.

Workers’ Compensation is designed to provide benefits for workplace injuries, including medical treatment and lost wage benefits, while also protecting employers from personal injury lawsuits in most situations.

However, there are situations where you may have what is called a third-party claim.

A third-party claim involves negligence by someone other than your employer or a coworker.

For example, if you were operating a machine that was defective or unsafe, there may be a claim against the manufacturer of that machine.

That type of claim would need to be filed separately from your Workers’ Compensation case.

However, these cases can sometimes be complicated to prove.

For example, if a machine was modified or altered by the employer after it was manufactured, that could impact whether you have a viable claim against the manufacturer.

That is why I always recommend speaking with an attorney who focuses on personal injury and third-party liability claims in addition to your Workers’ Compensation attorney.

If the negligence comes strictly from your employer or a coworker, as frustrating as it may be, you generally cannot bring a separate lawsuit against them.

Workers’ Compensation laws were created to provide injured workers with medical benefits and wage replacement after workplace accidents.

I understand the frustration. People see unsafe conditions in the workplace all the time.

Maybe there’s a damaged carpet that employees keep tripping over, or a dangerous condition that isn’t corrected until after someone gets injured.

The main takeaway is this:

If you’re unsure whether another party may be responsible for your workplace injury, you should speak with a personal injury attorney to understand your options.

We can help connect you with the right attorney and make sure you understand what claims may be available to you.