Practice Areas
Blog 
- Workplace Injury and Litigation Group Passes Resolution denouncing the AMA 6th Medical Guidelines
- AMA Defeated in NY, at least for now!
- NYC Hosts "Construction Safety Week"
- Doctors to Employers: Stop Downplaying Workers' Injuries!
- TOTAL INDUSTRIAL DISABILITY AND THE NEW YORK WORKERS COMPENSATION BOARD
- Injured Workers Will Suffer Again!
- How Many Workers' Comp Insurers Were Lying to Regulators?
- 149 Busted for Workers' Comp Fraud in 2007
- Thanks to Workers Compensation Alliance for showing us the real face behind the Spitzer Administration
- 450,000 New Yorkers Might Miss Tax Rebate Check
News
- Worker Hospitalized as Race Course Barn Collapses
- Construction Worker Dies in 30 Foot Fall From Scaffold
- NYC Steel Worker Critically Injured in Fall
- NYC Buildings Commissioner Resigns After Criticism
- NYC's Mayor Bloomberg Examining Buildings Department After Deaths
- Manhattan Construction Worker Falls to His Death
- Impairment v. Disability, an Interview on the AMA!
- New York Dept. of Transportation Worker Crushed by Platform
- New York Bakery Told to Shut Down Over Workers' Comp Violations
- Multiple Self-Insured Workers' Compensation Trusts Shut Down by Workers Compensation Board!
Library
New York State Workers’ Compensation
- How much can you be reimbursed for mileage in workers' compensation case?
- 2007 Workers' Compensation - Effective Dates of Statutory Changes
- Benefits Available to Injured NY Workers
- Why Can't I Just Sue My Employer?
- CASE LAW: FACTORS FOR A FINDING OF TOTAL INDUSTRIAL DISABILITY IN WORKERS COMPENSATION
Social Security Disability
- How Social Security Makes Eligibility Determinations
- Ticket to Work: A Social Security Work Incentive Program
- My Social Security Claim Was Denied. Now What?
Supplemental Security Income
Federal Workers’ Compensation
- Federal Employees' CompensationAct
- Who is Covered Under FECA?
- Longshore & Harbor Workers' Compensation Act
- Appeals Process: Federal Workers' Compensation
Forms
Why Can't I Just Sue My Employer?
It’s a reasonable question. It seems like every day we hear about another lawsuit, so why can’t employees sue their employers when they’re injured on the job?
The workers’ compensation system was designed as a trade-off. In exchange for an “easier” and “simpler” claims system, the employee gives up his right to sue in court for work-related injuries and occupational diseases. Additionally, the employee often has to give up general claims to damages like pain and suffering and punitive damages. Only those medical benefits and lost wages are available under the workers’ compensation scheme.
The benefit to the injured worker is that unlike a typical personal injury lawsuit, the injured worker does not have a burden of proving any negligence or wrongdoing on the part of the employer. Often, discovery into the standard of care required of the employer and whether a breach of that standard of care occurred can be a very costly and lengthy portion of the litigation process. This typically requires that experts be hired, depositions be taken, and a great deal of investigation be undertaken into the safety of the job site.
In exchange, the employer is protected from the costs of having to defend personal injury lawsuits and protected from potentially high pain and suffering payouts.
Intentional Torts
However, there are some times that you may be allowed to bring a personal injury lawsuit against your employer. Workers’ compensation does not prohibit the injured worker from suing for intentional torts or injuries he suffered due to any intentional behavior by his employer.
Intentional torts include assault, battery, false imprisonment, slander, and libel.
Claims Against Third Parties
Employees are also free to pursue claims against third-parties who have contributed to their injuries. For instance, if you are injured on the job by a defective drill press, you may not be able to sue your employer – but you probably will be able to maintain a claim against the manufacturer of the drill press. This claim will allow you to obtain the non-economic damages (like pain and suffering benefits) that are not available in a claim against your employer.
Ask an Attorney
Markhoff & Mittman, P.C.
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Markhoff & Mittman, P.C.
Main Office
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Long Island Office
1778 Hempstead Turnpike
East Meadow, NY 11554
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax (516) 222-2292
New York City
by Appointment Only