If you’ve been injured on the job, you are probably seeking workers’ compensation benefits that will reimburse you for treatment and lost wages while you’re recovering. You might be wondering if you can sue your employer if you’re not eligible for workers’ compensation benefits. The answer to this question is, “Yes, probably.” If you’re not covered by workers’ compensation insurance but have been injured while at work, consider scheduling a consultation with an experienced New York, NY injury on the job attorney to explore your legal options.
If you are covered by workers’ compensation insurance, it’s generally beneficial to receive benefits through this system instead of pursuing a lawsuit. Workers’ compensation isn’t unpredictable. Through workers’ comp, you can begin receiving benefits right away as long as you are eligible. When you file a personal injury lawsuit, you have to wait until the claim is settled to get payments for medical care and to receive lost wages. Workers’ comp pays almost immediately for your medical care. You may also receive disability payments while you’re out of work. A personal injury case can take months, if not years, to settle. Most of the time, workers covered by workers’ comp insurance can’t file a lawsuit against their employers if they’re injured – that is one of the main features of the system. However, there are exceptions to these general rules. As a result, you should consider seeking the guidance of an experienced New York, NY injury on the job attorney from Polsky, Shouldice & Rosen, P.C. if you’re still interested in possibly filing a lawsuit in addition to receiving workers’ compensation benefits.
When Can You File a Lawsuit?
There are limited circumstances in which you can file a lawsuit against your employer. If your employer doesn’t have workers’ compensation insurance, you can file a lawsuit in civil court to recover damages for a work-related accident or injury. Another instance is if your employer’s workers’ compensation insurance is insufficient to cover your damages. If your employer intentionally hurt or harmed you, you may also have grounds to file a lawsuit. Carelessness and negligence do not usually amount to the legal definition of intentional. Your boss would have to do something quite egregious, such as punch you in the face.
What If Your Workers’ Compensation Claim Is Denied?
If the workers’ comp insurance denies your claim, you will most likely need to file an appeal with the state agency that oversees workers’ comp in New York. You cannot file a lawsuit without going through the formal process. You may want to retain the services of a New York, NY injury on the job attorney who can help you present your case to the governing body.
If you feel as if workers’ compensation insurance and your employer aren’t working with you after a work-related injury, it can be beneficial to speak to a New York, NY injury on the job attorney about your rights and how to proceed. Please schedule a consultation with our team today. We look forward to speaking with you.