Jackson Heights, NY - In a detailed guide published by K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/can-i-sue-my-employer-for-negligence/), Queens workers' compensation attorney Keetick L. Sanchez clarifies a common question among injured employees: “Can you sue your employer for negligence in New York?” While the answer is typically no due to New York’s workers' compensation laws, attorney Keetick L. Sanchez outlines several important exceptions that allow legal action beyond a standard workers' comp claim.
Workers who are hurt on the job often turn to a Queens workers' compensation attorney like Keetick L. Sanchez to help them understand their rights and explore all options for compensation. New York law generally limits claims to the workers' compensation system, which provides benefits without the need to prove fault. However, as Keetick L. Sanchez explains, exceptions do exist, especially when employers lack insurance, commit intentional harm, or when third parties are involved.
The guide from K L Sanchez Law Office, P.C. is especially helpful for construction workers and others in high-risk industries. In many cases, a Queens workers' compensation attorney can also assist with third-party lawsuits or Labor Law claims, which can recover compensation that workers' comp does not cover, such as pain and suffering.
“Workers’ compensation is usually the only remedy for most workplace injuries,” says Keetick L. Sanchez. “But construction workers and others may have additional rights under New York Labor Law if someone other than their employer caused the injury or if there was a serious safety violation.”
Keetick L. Sanchez’s guide details how workers' comp functions as a no-fault system, offering guaranteed benefits for medical care and partial wage replacement. Employers in Queens are required to carry this coverage. In return, employees generally give up their right to sue their employer, even when negligence is involved. This principle, known as the “exclusive remedy rule,” protects employers from lawsuits while providing workers with swift access to medical care and financial support.
However, Keetick L. Sanchez points out that the law allows lawsuits in specific scenarios. A workers' compensation attorney can bring a direct claim against an employer when no insurance coverage exists, when intentional harm is involved, or when the employer is otherwise not covered by the law. These situations are rare but significant for those affected.
Third-party lawsuits, on the other hand, are more common and can be pursued alongside a workers’ compensation claim. The article explains that employees may sue parties such as property owners, contractors, drivers, or equipment manufacturers if their negligence caused the injury. These lawsuits can result in much greater financial recovery, including full lost wages and compensation for pain and suffering.
Construction workers in Queens and across New York have additional protections under Labor Law Sections 200, 240, and 241(6). These laws require safe working conditions, proper scaffolding, and compliance with safety codes. If violated, injured workers can sue for damages even when partially at fault. This legal path can be especially valuable in areas like Long Island City where high-rise construction is booming.
For example, workers on major construction sites such as the 67-story Skyline Tower or the 55-story development at 24-19 Jackson Avenue may qualify for both workers’ comp benefits and Labor Law claims. As a workers' compensation attorney familiar with these dual-track claims, Keetick L. Sanchez emphasizes the importance of knowing which laws apply.
The guide also walks readers through deadlines for filing claims, including the 30-day requirement to notify an employer and the two-year window to file with the Workers' Compensation Board. Keetick L. Sanchez notes that missing these deadlines can lead to a loss of all benefits.
Another important legal term discussed in the article is the “grave injury” threshold. These are specific severe injuries, such as paralysis, loss of limbs, or total blindness that impact third-party claims and employer liability. Without a qualifying grave injury, lawsuits against an employer by a third part,y like a contractor or manufacturer, are often not permitted.
Keetick L. Sanchez also explains the difference between a workers’ compensation claim and a personal injury lawsuit. While the former is generally faster and more predictable, the latter can offer higher financial recovery for serious injuries. However, lawsuits come with more risk and require proving fault.
For workers in Jackson Heights, Maspeth, and around JFK Airport, the Queens District Office of the Workers’ Compensation Board handles all claims. With major renovation projects underway at JFK and busy industrial zones in Maspeth, injuries from falls, machinery, or vehicle accidents are not uncommon. These workers can benefit from legal guidance when navigating both workers’ comp and potential third-party claims.
Keetick L. Sanchez reminds readers that denied workers’ compensation claims can be appealed, starting with a hearing before a Workers’ Compensation Law Judge. Higher appeals go through the Board and potentially to the New York State Supreme Court. Each stage has its own deadlines and procedures, making legal representation critical.
Workers in Queens don’t have to go through the process alone. Whether injured on a construction site, in a warehouse, or in a small business, a consultation with Keetick L. Sanchez can help clarify next steps. Her office assists clients with both the workers' comp process and civil claims when the law permits.
Employees who suffer injuries at work deserve full compensation for their losses. While New York limits lawsuits against employers in most cases, Keetick L. Sanchez helps workers explore every available path to recovery, including claims for pain and suffering, full lost wages, and medical bills not covered by insurance. For those who qualify, third-party lawsuits and Labor Law claims can provide much-needed support during recovery.
About K L Sanchez Law Office, P.C.:
K L Sanchez Law Office, P.C. represents injured workers in Queens and throughout New York City. Led by attorney Keetick L. Sanchez, the firm focuses on helping clients recover compensation after workplace injuries through workers' compensation claims, third-party lawsuits, and Labor Law claims. The office is located in Jackson Heights and serves clients in Maspeth, Long Island City, JFK Airport, and beyond.
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Company Name: K L Sanchez Law Office, P.C.
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State: New York 11372
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Website: https://accidentlawyer-queens.com/
