WNY's Workers' Compensation Attorneys

Workers' Compensation Insurance & When to Sue


After a workplace injury, stress and frustration are only natural. But now is also the time to find answers to important questions regarding workers compensation. One of the most common questions is, "Can I sue my employer if I'm injured at work?"

In most cases, you'll find that suing your employer is not an option. However, there are a few exceptions.

  •  If your employer doesn't offer workers' compensation insurance, you might be able to sue. Workers' compensation is designed to cover costs incurred during your recovery period.
  • If the injury requires continuous care, you could receive compensation for life. The insurance can take care of both lost wages and medical expenses, so there is generally no reason to sue the employer when an accident occurs anyway.
  • If your injury was due to an employer's poor and intentional conduct, the possibility of a personal injury claim exists.

For example, if you're hurt by an object thrown by an angry boss, this could qualify as an intentional injury, and you should pursue a personal injury claim. Consult with a lawyer to discuss the specifics of the incident.


Suing third parties

Even though you might not be able to sue your employer for your injury, you might have a case against a third party. For example, an injury that occurs due to another contractor's actions could lead to a lawsuit that eventually involves the employer as well.

This is especially true in the case of a "grave injury." New York's worker's compensation laws consider grave injuries to be incidents that result in death, loss of use of a limb, permanent deafness, permanent blindness, facial disfigurement, brain damage, or similar conditions. In addition, in New York, if you're injured from a scaffolding accident, parties such as property owners or project managers can be held responsible.


Lawyers for Workers' Compensation

No matter what your situation, you should consult a workers' compensation lawyer following a workplace injury. A lawyer can be especially helpful in complex situation, but also keep in mind that even seemingly simple cases can become complicated if other parties refuse to cooperate. Rather than navigate the legal challenges on your own, count on a knowledgeable lawyer to help.



About The Author

At Gielowski, Federice & Caligiuri, LLP, we are committed to serving Western New York’s injured workers by providing a point of contact relating to all of the major legal issues which our clients will typically face.

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