A worker cannot file a labor lawsuit so easily against their boss after a workplace accident in New York. Employers are required to pay workers' compensation insurance and, in exchange for that insurance, workers refrain from suing their superiors if they are injured or become ill as a result of their work.
This may seem like a limiting factor; however, you have the right to sue with the help of a labor attorney if you believe your treatment or compensation has been unfair.
You have probably heard stories of people who have won millions of dollars in legal proceedings after suffering serious work injuries, so discovering whether your case falls into one of these situations is important.
If you have suffered any accident or workplace harassment, and need to file a lawsuit to request some type of compensation or damages, you should immediately contact the Conexión Legal team by calling 1800 201 1220 or write to us via WhatsApp so that we can provide you with the best free legal advice and, likewise, we can connect you with a highly qualified labor attorney who can obtain the highest possible compensation for you.
What is Employee Compensation?
We will start by clarifying that employee compensation is a government-required insurance program mandated by employers with 3 or more workers to compensate employees who are injured or become ill due to workplace accidents. Workers' compensation is a system that covers medical costs and loss of wages due to a work-related illness or injury. In order for an employee to be compensated, they cannot sue their employer for negligence. To learn more about specific workers' compensation, click here.
What Accidents are Covered by Employee Compensation?
Almost all work-related injuries are covered by employee benefits, regardless of who caused the injury. Even if you are injured and wish to receive workers' compensation, you do not need to prove negligence or liability.
What Accidents are Not Covered by Employee Compensation?
If your injury was caused by an accident you caused, a crime you committed, or behavior that violates company policies, employee compensation does not cover the costs or lost wages caused by the accident.
Must the Accident be the Specific Consequence of a Workplace Accident to be Covered by Workers' Accident Insurance?
The firm and clear answer to this is no. For example, if your injury is carpal tunnel syndrome due to repetitive or excessive work, employee compensation may cover the cost of the injury or job loss. However, proving that the injury was a direct result of your work can be difficult. If you wish to receive employee compensation, contact a labor attorney like those we can offer you at Conexión Legal as soon as possible.
To learn what types of injuries qualify as repetitive strain injuries, click here.
What Happens if My Spouse Dies as a Result of a Workplace Accident?
If your spouse dies as a result of a workplace accident, you could end up receiving benefits or other compensation from workers' compensation insurance. Even minors under 18 years of age can benefit from this type of compensation which, while it does not cover the loss of your family member, can help you cover expenses that arise as a result.
When is There a Lawsuit in Addition to an Employee Compensation Case?
Workers' Compensation is an insurance policy available to all New York workers injured or made ill as a result of their work, including those living undocumented in the United States.
Meanwhile, legal action will be taken if a third party is involved in the incident. Here are some examples:
- An external company incorrectly erected the scaffolding from which the worker fell.
- The owner of the building under construction, who was responsible for ensuring the safety of all present, negligently provided the necessary equipment to protect workers.
- A company manufactured a defective product that caused an accident at a construction site.
The choice of your attorney is one of the aspects that can contribute to the final decision of your case. Therefore, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free legal advice, and likewise, legal representation by a labor attorney in case of personal injuries to obtain the best possible compensation. Follow the steps in the following form to schedule your free consultation appointment.
