If you get injured at work, you're likely aware that you'll be awarded workers' compensation benefits to cover medical expenses and lost wages. But, can you sue and potentially get even more money? And if so, who can you sue and what can you sue them for? Let's dive into these questions and provide clear answers.
Workers' comp is what’s called a “no-fault” system. That means it doesn’t matter who caused the accident—you’re still entitled to benefits like lost wages and medical coverage, even if the injury was your own fault. It’s a solid safety net, but there’s a catch: you can’t sue your boss or your coworkers, even if they were the ones who messed up.
This trade-off usually means you’ll get paid faster, but probably less than you would in a regular lawsuit.
Workers' comp typically covers about two-thirds of your average weekly paycheck (up to a set limit), plus medical bills and some disability payments. But it doesn’t cover pain and suffering, emotional stress, or a lower quality of life—the kinds of things you could go after in a personal injury case.
While you can't sue your employer or coworkers, you can potentially sue other parties involved. If your work injury was caused by someone other than your company or a coworker, you might be able to claim workers' comp benefits and file a personal injury lawsuit for additional damages.
Let’s say you’re working for Joe’s Appliance Delivery, out on a job, dropping off a washing machine. While you’re driving, someone blows a red light and slams into your van—you end up seriously hurt. In a case like that, you can actually go after more than just workers’ comp. You have the right to sue the driver who hit you.
Here’s how it works: workers’ comp will still cover your medical bills and lost wages upfront. But once you’re stable, you and your lawyer can talk about filing a third-party lawsuit against the at-fault driver. If you win, you could get a much bigger payout than what workers’ comp alone would offer.
Now, one catch—if you get that third-party settlement, you’ll probably have to pay back most of the workers’ comp benefits you already got. That’s called a workers’ comp lien. But don’t worry—a good lawyer can usually help knock that lien down so you keep more of your money.
Car accidents aren’t the only situations where injured workers can sue for additional compensation. Here are some other common scenarios:
One of the most common situations we see in New York is construction site accidents. Thanks to strict liability laws, if you get hurt in a fall while working on a commercial construction site, the site owner can be held responsible—even if the accident wasn’t technically their fault.
All you need to show in court is that you were working at a height, you fell, and you got hurt. Same goes if something fell on you from above. That’s why you see all those lawyer ads asking, “Did you fall off a ladder or scaffold?” These cases are super common—and honestly, pretty straightforward to win in court.
If you or a loved one has been injured on the job in New York and are considering a personal injury lawsuit against a third party, don't hesitate to reach out for legal assistance. Schedule a free consultation with me, Rex Zachfosky, at 212-406-8989 to understand if you have a strong case. Our discussions are confidential, cost you nothing, and will help clarify your options.
For more detailed information on filing for New York workers' compensation and maximizing your claim, be sure to subscribe to our channel and turn on notifications. We're your one-stop-shop for everything you need to know about workers' compensation claims.
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