All employers in New York State are required to protect their employees by providing Workers' Compensation insurance. This insurance ensures that a worker injured on the job will have all medical care and some lost wages paid regardless of how the accident happened or who caused it.
While Workers' Compensation Insurance protects the worker from costly medical bills, it also protects the employer from lawsuits. New York State law does not permit most injured workers to bring a lawsuit against their employer for the injuries sustained during the course of employment.
Third-Party Lawsuits for Injuries at Work
Fortunately, often someone other than the employer or a co-employee is responsible for the accident. In such cases, a “third-party lawsuit” can be brought against that negligent party. It is this type of case that Cannata, Hendele & Cannata, LLP handles.
We work together with our clients' Workers' Compensation attorney to maximize the recoveries in each venue. If our clients do not already have a Workers' Compensation attorney to represent them before the Workers' Compensation Board, we can refer them to attorneys specializing in this area.
If Your Employer Doesn't Have Workers' Comp Insurance
If an employer fails to obtain Workers' Compensation Insurance, the injured employee has the choice of either suing the employer directly or seeking Workers' Compensation benefits from a special fund. This choice is made early in the life of a lawsuit and is crucially important, as it may determine whether there is any recovery in the third-party suit. Before you make this choice, it is important to discuss these issues with a qualified and knowledgeable attorney.
If you were injured on the job — contact our New York attorneys for a free consultation.
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