Workplace Accident Lawyers

Workers' compensation is your employer's no-fault insurance: medical care and partial wage benefits, decided by the Workers' Compensation Board, whoever was careless. A third-party lawsuit is a court claim against someone else, such as a machine maker, another driver or a property owner, that is legally responsible for the injury. It needs proof of that responsibility but can recover pain and suffering and lost earnings above the benefits. The carrier usually has a lien on part of the recovery.

Usually not. Workers' compensation is generally the only remedy against your own employer and against co-workers (Workers' Compensation Law 11 and 29). The main exception is an employer that failed to carry compensation coverage. A company you sue can seek common-law contribution or indemnity from your employer only for a grave injury, or under a written indemnity agreement made before the accident. Neither lets you sue your employer.

Any accident where someone other than your employer or a co-worker was at fault: a defective machine or tool, a crash with another driver while working, a dangerous condition on premises your employer does not control, an assault that a property owner or security contractor failed to prevent, or repair and renovation work covered by the Labor Law. The router on this page shows the usual candidates and the first evidence for each.

They can be useful evidence of what went wrong, but they do not decide a lawsuit, and they do not let you sue your own employer. Covered employers must report certain deaths, in-patient hospitalizations, amputations and losses of an eye to OSHA, with exceptions, so an OSHA record may exist. We request it along with the company’s own reports.

Workers' compensation pays medical care and partial wage benefits, capped weekly ($1,281.50 for accidents from July 1, 2026). A successful third-party claim can add pain and suffering, lost earnings above the benefits, future medical costs and loss of earning capacity. We do not publish ranges; the value depends on the injury, the proof of responsibility and the insurance available. The compensation carrier usually has a lien on part of the recovery.

For compensation: written notice to your employer within 30 days and a claim with the Board within two years. For a lawsuit against a private company: generally three years. If a city, county, town, village or school district may be responsible, a notice of claim is usually due within 90 days. Illness from exposure and claims against the State or public authorities follow their own rules.

Get medical care and say the injury happened at work. Give your employer written notice and keep a copy. Photograph the scene and any machine, note the model and serial number, and write down witnesses and outside companies present. Ask that the equipment be kept as it is. Do not give a recorded statement to another company’s insurer before talking to us.

Yes, with qualifications. The Workers' Compensation Board says benefits are available regardless of citizenship or immigration status. In Labor Law cases, the Court of Appeals held that federal immigration law does not bar a claim for lost wages, absent proof the worker gave false work-authorization documents to get the job (Balbuena, 2006). Status questions can still arise in a case, so tell us at the start.

Possibly. A job title or tax form does not decide whether you are an employee for compensation; the Board looks at the actual working relationship. If you are not an employee, the hiring company may not be shielded from a lawsuit. And the Labor Law's construction sections can protect people employed on covered work even if they are not on the owner's payroll. We sort this out from your contracts and pay records.

Not before review. An early offer from another company's insurer may not account for future treatment or lost earnings, and a release usually ends the claim. A third-party settlement can also affect your compensation benefits: the carrier usually has a lien and may take a credit against future benefits, and a settlement may need its consent or a court order. We check those points before anything is signed.