In most cases, you cannot sue your employer for negligence in New York. If you were hurt at work in Queens, workers’ compensation is usually your only remedy against your employer. However, a separate lawsuit may still be available if someone outside your employment caused the injury, if a construction site Labor Law claim applies, or if a narrow exception allows a direct claim against the employer.
At K L Sanchez Law Office, P.C., Queens personal injury attorney Keetick L. Sanchez helps injured workers in Jackson Heights, Queens, and throughout New York City. As an experienced workers’ compensation lawyer, she helps injured clients pursue available workers’ compensation benefits, third-party lawsuits, Labor Law claims, and direct employer claims when New York law allows them.
This guide explains when workers’ compensation may be your only remedy, when a separate lawsuit may still be available, and what Queens workers should know about deadlines, denied claims, and uninsured employers. Call (646) 701-7990 to schedule a free consultation.
Can You Sue Your Employer in New York?
You usually cannot sue your employer in New York for an ordinary workplace injury. Workers’ compensation is generally the exclusive remedy against the employer under Workers’ Compensation Law § 11. Section 29(6) also limits negligence lawsuits against coworkers and other people in the same employment.
For Queens workers, the key question is whether the injury stays within workers’ comp, creates a third-party claim against someone other than the employer or a person in the same employment, or allows a direct claim against an uninsured employer.
Keetick L. Sanchez can review the facts of your Queens workplace injury and help determine whether workers’ comp is your only remedy or if another claim may be available.
What Is Workers’ Compensation in New York?
Workers’ comp is insurance that pays for medical care and some lost wages after a work-related injury or illness. Nearly all Queens employers must carry this coverage. The system is no-fault, which means you do not need to prove your employer was careless. You only need to show that the injury arose out of and in the course of your employment.
Because workers’ comp is usually the exclusive remedy against the employer, most negligence claims against the employer must stay within the system.
What Benefits Does Workers’ Compensation Provide?
Workers’ comp pays for several types of benefits. The main categories include:
- Medical care: Necessary treatment for your work-related injury or illness is covered, and you should not pay the provider directly for covered care. This can include doctor visits, surgery, hospital stays, physical therapy, medications, and medical equipment.
- Wage and disability benefits: If your injury keeps you out of work for more than seven days or reduces your earnings, you may receive lost wage benefits based on your average weekly wage and disability level, subject to the legal maximum. Temporary and permanent disability benefits are calculated differently depending on the type and severity of the disability. For injuries from July 1, 2026 through June 30, 2027, the maximum weekly benefit is $1,281.50.
- Death benefits: If a worker dies from a job-related injury or illness, eligible dependents or survivors may receive death benefits, and funeral or memorial expenses may also be covered.
If an insurer is underpaying your wage benefits, Keetick L. Sanchez can review the calculation and help challenge an incorrect payment rate.
What Is the Exclusive Remedy Rule?
The exclusive remedy rule means workers’ comp is your usual option against your employer. You may not be able to sue your employer for ordinary negligence, even if the employer was careless. This rule can also apply to coworker injuries. If a coworker negligently injures you while you are both in the same employment, workers’ comp can serve as the exclusive remedy.
This rule matters when an injury is framed as employer negligence. Even if unsafe training, supervision, equipment, or workplace conditions contributed to the injury, most claims against the employer still proceed through workers’ comp unless a recognized exception applies.
What Penalties Can an Uninsured Employer Face in New York?
An employer that fails to carry workers’ compensation coverage faces both criminal and civil consequences under Section 52 of the Workers’ Compensation Law. Failing to secure coverage for five or fewer employees within a 12-month period is a misdemeanor punishable by a fine of $1,000 to $5,000, and larger workforces can face higher criminal penalties.
The Workers’ Compensation Board Chair may also impose civil penalties for the period the employer failed to secure required coverage. These penalties can reach $2,000 for each 10-day period of noncompliance, which means an employer can owe more than $12,000 by the time the first penalty notice arrives.
Key Takeaway: If your employer was required to carry workers’ comp insurance and failed to secure it, the employer may lose lawsuit protection and face serious state penalties. You may be able to sue the employer directly.
When Can You Sue Your Employer Directly in New York?
You can sue your employer directly only in narrow situations:
- Failure to secure required coverage. If your employer was required to carry workers’ compensation coverage but failed to secure it, you may choose between a workers’ comp claim and a court lawsuit.
- Intentional tort. A direct lawsuit may be possible if the employer itself intentionally harmed you, but this exception is narrow and should be reviewed carefully.
- Not covered as an employee. Some business owners and true independent contractors are not covered the same way employees are. This is different from an employer simply being “exempt.” In construction, New York law presumes many workers are employees unless the legal test for independent contractor status is met.
For many injured workers in Queens, the broader recovery question is whether a third party may also be responsible.
Queens Workers’ Compensation Attorney, Keetick L. Sanchez
Can You Sue a Third Party After a Work Injury?
You may be able to pursue workers’ comp and a third-party lawsuit at the same time if someone outside your employment caused the injury. Common examples include crashes caused by other drivers, unsafe property conditions, defective tools or equipment, and construction site negligence.
If another company or driver caused your Queens work injury, Keetick L. Sanchez can help identify potentially responsible parties and pursue a third-party claim.
What Are New York Labor Law Claims for Construction Workers?
Construction workers may have extra legal options beyond workers’ comp. Construction work in Long Island City and across Queens can involve scaffolds, ladders, hoists, trenches, demolition, and heavy equipment.
When unsafe elevation protection, specific Industrial Code violations, or unsafe site conditions cause an injury, New York Labor Law may allow claims against responsible owners, contractors, or agents in addition to workers’ comp benefits.
- Section 240 (Scaffold Law): Covered owners, contractors, and agents must provide proper elevation safety devices, such as scaffolds, hoists, and ladders. This rule does not apply to owners of one- and two-family homes who contract for the work but do not direct or control it. If a violation helps cause a fall or elevation-related injury, ordinary comparative fault is not a defense, although the claim can fail if the worker’s own actions were the only cause of the accident.
- Section 241(6): Covered owners, contractors, and agents must follow specific Industrial Code safety rules for construction, excavation, and demolition work. A violation of a specific rule that helps cause an injury can support a claim.
- Section 200: This is New York’s general workplace safety rule. These claims usually require proof that the responsible party had control over the work or notice of the dangerous condition.
What Is a Third-Party Lien on a Workers’ Comp Claim?
A lien is a legal claim on money you recover from a lawsuit. Your workers’ comp carrier may have a lien on third-party recoveries because it paid medical bills or lost wage benefits for the same injury. If you recover money from a lawsuit, part of that recovery may need to address the carrier’s lien.
A third-party settlement can affect both the carrier’s lien and future workers’ comp benefits. Before settling, an attorney should review whether Section 29 requires the workers’ comp carrier’s written consent or a court compromise order, and should also review the lien so the carrier does not recover more than the law allows.
Keetick L. Sanchez can coordinate your Queens comp claim and third-party lawsuit before settlement decisions affect your benefits or recovery.
How Does Workers’ Comp Differ from a Personal Injury Lawsuit?
The two systems work very differently. The table below compares them.
| Factor | Workers’ Comp | Personal Injury Lawsuit |
| Fault | No-fault, no need to prove employer carelessness | Usually must prove liability; some Labor Law claims use different rules |
| Damages | Necessary medical care and partial lost wages based on disability level | Can include pain and suffering and wage-loss damages beyond workers’ comp limits |
| Speed | Usually handled through an administrative claim process | Can take months or years, depending on the case |
| Risk | Benefits are available if the claim is accepted or established | Outcome is uncertain |
| Your own fault | Does not reduce workers’ comp benefits | Can reduce lawsuit awards; ordinary comparative fault is not a defense to a valid Section 240 claim |
What Are the Deadlines for Filing in New York?
New York workers’ comp claims have strict notice and filing deadlines.
- 30 days to report. You must notify your employer about your injury within 30 days. Under New York law, this notice must be in writing to fully protect your right to benefits.
- 2 years to file. You have two years to file a claim with the Workers’ Compensation Board. The clock usually starts from your injury date. For occupational diseases, the deadline can depend on disablement and when you knew or should have known the disease was work-related.
- Special rules for hearing loss. For occupational hearing loss, the date of disability can be tied to a three-month period after removal from harmful noise or separation from the noisy work. You generally have two years to file, but a claim may be filed beyond that period if it is filed within 90 days after learning the hearing loss is related to employment.
Queens workers can file a workers’ comp claim with the New York State Workers’ Compensation Board. The Queens District Office is located at 168-46 91st Avenue, 3rd Floor, Jamaica, NY 11432, and Board services are available by appointment. Attorney Keetick can help prepare your claim, track filing deadlines, and address hearing or documentation issues before they affect your benefits.
Key Takeaway: Missing the 30-day report or 2-year filing deadline can put your workers’ comp benefits at risk. Report every injury in writing as soon as possible.
What Happens If Your Workers’ Comp Claim Is Denied?
You can challenge a denied claim. Disputes often proceed to a hearing before a Workers’ Compensation Law Judge, and a party may request administrative review of the judge’s decision. In some cases, further Board review or an appeal to the Appellate Division, Third Department may be available.
Each stage has strict deadlines, so prompt action can help preserve your review options. Carriers may dispute whether the injury happened, whether it was work-related, whether coverage was in effect, or whether the medical proof supports the claim. Keetick L. Sanchez can review the denial reason, organize medical proof, and help prepare for a hearing or administrative review.
Legal Help After a Workplace Injury in Queens
Queens personal injury attorney Keetick L. Sanchez helps injured workers in Jackson Heights, Queens, and throughout New York City identify potential claim paths and avoid mistakes that could affect their benefits or recovery.
Call K L Sanchez Law Office, P.C. today at (646) 701-7990 for a free consultation, or visit our office at 37-06 82nd St #304, Jackson Heights, NY 11372. We serve injured workers across Queens and the surrounding communities.
Frequently Asked Questions
What is the exclusive remedy rule in New York workers’ comp?
The exclusive remedy rule means workers’ comp is usually the only claim you can bring against your employer for an ordinary workplace injury. It also generally bars negligence lawsuits against coworkers when the injury happened in the same employment.
Can I collect workers’ comp and still file a lawsuit?
You may receive workers’ comp benefits and still pursue a lawsuit against a third party, such as a negligent driver, property owner, contractor, or manufacturer. That lawsuit may allow damages workers’ comp does not cover, including pain and suffering.
What qualifies as a grave injury under New York law?
A grave injury is a specific severe injury category under Section 11. It includes death, major amputations or total loss of use, paraplegia or quadriplegia, total and permanent blindness or deafness, severe facial disfigurement, certain finger or toe losses, and an acquired brain injury that results in permanent total disability. This issue usually matters when a third party tries to bring the employer into the lawsuit for contribution or indemnity.
What if my employer doesn’t have workers’ comp insurance?
If your employer was required to carry workers’ comp coverage but failed to secure it, you may be able to choose between a workers’ comp claim and a lawsuit in court. The employer may also face criminal fines and civil penalties for failing to carry required coverage.
How much does workers’ comp pay for lost wages in New York?
Lost wage benefits are based on your average weekly wage and disability level, subject to the legal maximum. A totally disabled worker generally receives two-thirds of the average weekly wage, up to the cap. The maximum is $1,281.50 for injuries from July 1, 2026 through June 30, 2027.
What is a Section 240 Scaffold Law claim?
A Section 240 Scaffold Law claim involves an elevation-related construction injury, such as a fall from a ladder, scaffold, or hoist, or an injury caused by a falling object. Covered owners, contractors, and agents may be liable when a safety violation helps cause the injury.
Can I appeal if my workers’ comp claim is denied?
A denied claim can proceed to a hearing before a Workers’ Compensation Law Judge. If a party disagrees with the decision, further Board review may be available, and certain Board decisions can be appealed to the Appellate Division, Third Department. Deadlines apply at each stage. A Queens workers’ compensation attorney can help review the denial reason, hearing record, and next filing deadline.
