Can you sue your employer in NY State?

Can you sue your employer in NY State?

In New York State, the Workers’ Compensation Law is an employee’s sole legal remedy for an injury that occurs on the job. What this means is that an injured employee cannot sue a co-employee or employer for negligence that caused the injury. That is, if the employer intentionally caused the employee’s injury.

Can a co-employee sue an employer in New York?

In New York State, the Workers’ Compensation Law is an employee’s sole legal remedy for an injury that occurs on the job. What this means is that an injured employee cannot sue a co-employee or employer for negligence that caused the injury. There is one exception to this rule.

Can a person Sue the City of New York?

If an individual is a current or former employee of New York City or one of its agencies, New York City Charter § 396 provides that any lawsuit filed against the employer should be brought against the City of New York, and not against the agency for which the individual works, except where otherwise provided by law.

Can you sue the New York City Department of Corrections?

For example, an employee looking to sue New York City agencies, such as the New York City Police Department, the New York City Department of Corrections, the Office of the Chief Medical Examiner, the Civilian Complaint Review Board, etc., would have to name New York City as the defendant, and not the agency.

Are there any employment law cases in New York?

Firm represented a staff member against his former employer for disability and age discrimination, collectively in violation of the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law, as well as retaliation under the Family and Medical Leave Act.

Can you sue your employer in New York State?

In New York State, not only is the injured worker entitled to Workers’ Compensation benefits and a potential Third-Party Action, but the injured worker may also be entitled to No-Fault Benefits.

Can you sue your employer for workers compensation?

You may receive workers’ compensation and sue your employer at the same time, though a lien will be put on the lawsuit or settlement by the insurance carrier. However, once your workers’ compensation case has been settled, you cannot file a lawsuit against anyone for your injuries, according to the New York Workers’ Compensation Board.

Firm represented a staff member against his former employer for disability and age discrimination, collectively in violation of the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law, as well as retaliation under the Family and Medical Leave Act.

What should you expect if you sue your employer?

Suing an employer is the last thing a worker should ever do if the aim is a successful career. But sometimes an employer goes so far, breaches so many laws and causes so much damage that a worker cannot possibly recover without a legal remedy.