Can You Sue Your Employer for a Workplace Injury?

Are you lying awake after a jobsite accident and wondering what the law allows? In New York, workers' compensation is usually the exclusive remedy for workplace injuries, and in most cases, you cannot sue your employer. However, a few narrow exceptions can change the legal path you may be able to take.

The U.S. Bureau of Labor Statistics reported 5,070 on-the-job deaths in 2024. Of those, 1,034 were in construction. A work injury can affect your health, your pay, and the people who count on you at home.

The ULA Legal Support Services Network wrote this guide for members who climb, weld, dig, and rig. It shows where workers' compensation ends. It also shows when other paths may open.

Why Workers' Compensation Usually Replaces a Lawsuit

The workers' compensation law works like a trade between you and your employer. It can pay for medical care and for part of your lost wages. You do not need to prove who caused the workplace injury. In return, your employer avoids a personal injury lawsuit. Section 11 sets this exclusive remedy rule. You can read it on the New York State Senate website.

• You may receive benefits even if you were partly at fault for the accident.
• You can start a benefits claim without waiting years for a court case.
• You do not receive money for pain and suffering or lost enjoyment of life through workers' compensation.
• You receive part of your wages, not your full paycheck.

Can You Sue Your Employer for a Workplace Injury? Three Exceptions to Know

The facts matter more than most people realize. If one of the cases below fits your work injury, your options may be different.

1. Your Employer Did Not Secure Coverage

Section 11 makes an exception if an employer did not secure workers' compensation coverage. You can then choose a benefits claim or a court case for damages. If you file a court case, the employer cannot argue that you caused the injury. The employer also cannot blame a co-worker or say that you accepted the risk at work.

• This issue can come up with small subcontractors and short-term jobsite work.
• Check the policy with your steward or business agent. A gap in coverage can change your path.

2. Your Employer Meant to Cause Harm

You may sue your employer directly if the employer intended to hurt you. Courts keep this exception very narrow, so the facts need to show more than a dangerous or careless workplace.

• A supervisor who strikes a worker may cross the line into intentional harm.
• A missing machine guard or a rushed schedule will usually not meet that high standard.
• Serious carelessness usually stays in the benefits system.

3. Federal Law Covers Railroad or Maritime Work

Some workers follow federal law instead of the state system. Railroad workers may sue their employer for negligence under the Federal Employers' Liability Act, written at 45 U.S. Code § 51. They have 3 years to file. Some crew members on vessels who qualify as seamen may sue their employer under the Jones Act, written at 46 U.S. Code § 30104. The work you do and where you do it can determine which law applies.

What a Court Case May Cover Beyond a Benefits Claim

A court case can seek losses that workers' compensation does not pay. The table below shows the basic difference, although the exact amount depends on the facts of the case.

Third-Party Claims After Construction Accidents and Other Work Injuries

The exclusive remedy rule usually protects your employer. However, it does not protect every person or company connected to the accident. A property owner, general contractor, equipment maker, or outside driver may still be responsible. If another party caused your jobsite accident, a third-party claim in New York can move alongside your claim. It can seek losses that benefits do not cover.

Steps That Protect Your Options After a Workplace Injury

Evidence can disappear quickly after a work injury. Filing deadlines can also arrive sooner than you expect. These steps can help protect the information you may need.

• Report the accident in writing and keep a dated copy for yourself.
• Take photos of the ladder, floor opening, machine, vehicle, or other hazard before anyone repairs it.
• Write down the names of workers who saw what happened.
• Check whether your employer has current coverage, because that fact matters if you may sue your employer.
• Read how long you have to report a workplace injury before the clock runs down.
• Review your rights as an employee before you sign any form or statement.

Many locals provide a legal service plan. Feldman, Kramer & Monaco, P.C. has served union clients through legal service plans for 35 years. Schwartzapfel Holbrook P.C. offers members a free consultation about construction accidents.

Workplace Injury Legal Options and Member Support

You usually cannot sue your employer after a workplace injury. Still, you should not guess while you are hurt or missing work. Coverage, intent, and the law that applies to your trade can change the result. If an outside party may be involved, you can also review what a workers' compensation settlement really covers before you sign anything.

ULA Legal Support Services Network helps locals, apprentices, and families find clear information through our legal resources, foundation, and media services.

You can meet the partners who stand with ULA Network on our supporters page. If your local needs this topic explained at a meeting or in a member mailer, please contact us.

Frequently Asked Questions

1. Can I Sue My Employer If a Co-Worker Caused My Injury?

Usually, the benefits system remains the path when a co-worker causes the injury during the job. However, a person or company outside your employer's payroll may still be responsible.

2. Does a Court Case Cancel My Workers' Compensation Benefits?

Your benefits claim can continue while an allowed third-party claim moves forward. However, the carrier may have a lien on money recovered from the outside party, so get legal guidance before you settle.

3. What If My Employer Calls Me an Independent Contractor?

That label alone does not prove that you are an independent contractor. The Workers' Compensation Board looks at control, the kind of work you do, and other facts. If you are one of many misclassified workers, you may still qualify for workers' compensation benefits.

4. Can My Family Sue After a Fatal Workplace Accident?

In most cases, death benefits come through workers' compensation. A wrongful death case may still be possible against an outside party. Federal law can provide a direct route for eligible railroad and maritime families.

5. How Long Do I Have to Act?

Different claims have different deadlines. New York generally allows 3 years for a personal injury lawsuit. A claim against a public body may require notice within 90 days. For workers' compensation, you should notify your employer within 30 days. File your benefits claim as soon as possible. Do not wait to check which deadline applies to you.