If you suffer an injury while working, your employer’s Workers’ Compensation Insurance will cover your economic losses, including your medical bills and lost earnings. In situations where your employer is the only responsible party, your recovery will be limited to your medical bills and lost earnings, and you are barred from suing your employer for non-economic damages, such as pain and suffering. However, there are certain circumstances, listed below, where there may be other responsible parties that can be sued to compensate you for your pain and suffering:
- Your injury occurs due to the negligence of someone or some entity other than your employer, such as a property owner or general contractor on a construction site.
- You are a uniformed employee or teacher in NYC or other municipality who is exempt from the Workers’ Compensation law by contract.
- You are involved in a work-related automobile accident with another person who is not affiliated with your employer.
- Your work-related injury occurs due to a defective product.
- You are injured by the intentional act of your employer or co-worker.
- Your employer fails to carry Workers’ Compensation Insurance.