An employee who was injured in an accident is covered by workers compensation which provides insurance coverage for medical and lost wage benefits.
Employees cannot sue his/her employer for personal injuries. However, under certain conditions, an employee can receive workers compensation and sue for personal injuries.
Examples of when an employee can receive both workers compensation and money from a personal injury lawsuit:
- An employee who was driving a car for work and was hit by another car, can sue the driver and owner of the other car.
- An employee working on a loading dock is injured by a forklift operated by a truck driver employed by another company delivering merchandise.
- An employee injured on a construction site can almost always receive money from a personal injury claim (these claims are often worth over $1 million)
- An employee injures a finger while operating a punch press because the foot pedal sticks or because a guard was removed. The employee may have a products liability case and may be able to sue the employer for removing the guard.
- An employee with a catastrophic injury such as an amputation.
- If you were injured because of your employer’s intentional or egregious conduct.
- If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of the toxic substance, such as asbestos.
- If your employer did not provide you with workers’ compensation insurance, you might be able to sue your employer or be covered the New York State fund.
If you were injured while working, please call us immediately so we can advise you if you can receive money for a personal injury claim in addition to Worker’s Compensation.