Can I Sue My Employer for Negligence? - Keetick Sanchez

BSPE Legal Marketing Podcast

From K L Sanchez Law Office, P.C. - In this episode, we dive into the intricacies of New York’s workers’ compensation system by exploring the article, "Can I Sue My Employer for Negligence?" We discuss the exclusive remedy rule outlined in the Workers’ Compensation Code and New York Workers’ Compensation Law §29(6), which typically restricts employees from suing their employers for workplace injuries. Instead, injured workers are directed to file a workers’ compensation claim to receive benefits.

We explain the exceptions to the exclusive remedy rule, where an employee might be able to sue their employer. These exceptions include situations where the employer lacks the required workers’ compensation insurance coverage, intentionally injures the employee, or falls under categories not mandated to have workers’ compensation coverage. Understanding these nuances is crucial for employees navigating workplace injury claims.

The episode also highlights the concept of "Third-Party Actions" in personal injury law. While employees cannot sue their employers or co-workers, they can pursue legal action against third parties whose negligence caused their injuries. We cover the process of filing these third-party claims, the role of the workers’ compensation carrier in these cases, and the complexities involved, including the need for legal consent to settle third-party actions.

Lastly, we discuss the appeals process for denied workers’ compensation claims in New York City. We outline common reasons for claim denials and the steps involved in appealing these decisions, starting from the workers’ compensation board to potentially reaching the New York courts. Tune in to understand your rights and the legal avenues available if you've been injured at work.
K L Sanchez Law Office, P.C.
3763 83rd St #1m, Queens, NY 11372, United States
[phone]
https://www.google.com/maps?cid=2729652254808699760