Suing Your Employer for an Industrial Accident

Answer:

In New York State, we have a workers’ compensation statue which will provide you with benefits from an insurance company for an employer regardless of fault. In other words, if you are injured in an industrial accident and it’s nobody’s fault, just a freak accident, you would have no lawsuit, but you would have workers’ compensation benefits. Those workers’ compensation benefits would provide you with medical treatment and a limited amount of wage benefits for as long as you can’t work or need medical treatment.
As a result of this statute, New York State has implemented rules that indicate and state that you cannot sue your employer. When a case comes before us in which it seems like the employer is at fault, our firm investigates those cases. Oftentimes, we can find a party that has either contributed to the accident, caused the accident in part, or is comparatively negligent for that accident. What we’re able to do at that point is bring litigation against the potentially responsible party who is not the employer.