Individuals looking for a competent workers compensation lawyer Queens NY can provide might be wondering when it’s possible to sue an employer outside of a workers compensation program — or if it’s possible to sue at all. As an experienced workers compensation lawyer Queens NY residents trust might explain, the average workers compensation case does not allow injured employees to sue their employers in order to recover financial losses.
Workers compensation policies are essentially state-run insurance programs that provide injured employees with compensation while protecting employers from huge financial losses. When a business uses a workers compensation policy, one common stipulation in the policy is that an employee who claims workers comp payments is not allowed to sue the employer for additional money.
This, however, is not a hard-and-fast rule. As a top workers compensation lawyer Queens NY, our team understands that there are several exceptions that might allow an employee to sue his/her employer after sustaining an injury or illness. Additionally, it might be possible to claim financial damages from another party that held partial liability for causing an injury. Here is a quick look at some exceptions where an injury lawsuit might be justified:
- The employer could be sued if the business is not covered by a workers compensation policy. Most states have regulations determining which businesses are obligated to have these policies. Some small businesses, in particular, might opt out of a policy when it is optional.
- The employer could be sued if the employee was directly injured due to the intentional misconduct or illegal conduct of the employer. Although these types of cases are tough, it might be possible to collect damages with the guidance of a skilled workers compensation lawyer Queens NY has to offer.
- The manufacturer of a product could be sued when an employee is injured due to a faulty product, material, or substance. Toxic substances, for example, might warrant a toxic substance lawsuit and the manufacturer of the substance could be held liable. An injured employee might also be able to claim damages for malfunctioning safety equipment if that equipment could have prevented the injury (had it been working correctly).
- A third party could be sued if that party was directly responsible for causing the injury or illness. This type of case might be applicable when a business brings in contract workers or rents equipment from another company.
It is important to remember that every personal injury case is unique. Even a minor workers compensation claim can be influenced by many unique factors that might affect the outcome of a claim. It’s possible for a claimant to receive compensation — but not nearly enough compensation to cover all financial needs. Typical workers compensation payments do not provide punitive compensation and the claimant’s injury might worsen over time. As an experienced workers compensation lawyer in Queens NY might know, factors like these can make a work-related injury very complicated.
If you or someone you love is in this situation, you might be able to pursue additional damages with the legal counsel of a top Queens NY workers compensation lawyer. Our law firm has handled many workers compensation cases — and many personal injury lawsuits — in the past. We know that it can be essential for an injured victim to receive the financial losses that he/she rightfully deserves. To schedule a free case evaluation with a workers compensation lawyer Queens NY trusts, contact our law firm today.