Can a CNA Sue a Nursing Home in New York?

A CNA may pursue claims including negligence, workers’ compensation for on-the-job injuries, violations of the New York Labor Law (including unpaid wages or tip protections), and personal injury lawsuits if the employer’s conduct caused harm beyond workers’ comp coverage. If the CNA was assaulted by a resident, a negligent supervision claim against the facility may also apply.

No. New York Labor Law §740 (the “whistleblower” statute) prohibits nursing homes from retaliating against employees who report unsafe patient care practices or regulatory violations. A CNA who is demoted, disciplined, or terminated for raising safety concerns may have a retaliation claim and can seek reinstatement, back pay, and damages.

NY Public Health Law §2801-d gives nursing home residents a private right of action when a facility’s neglect or abuse causes harm. While this statute is designed to protect residents, it is directly relevant to CNAs because understaffing, inadequate training, or pressure to conceal incidents — all actionable under §2801-d from a resident’s perspective — can also give rise to unsafe-workplace and retaliation claims by the CNA who reported those same conditions.

Depending on the claim, a CNA may recover medical expenses, lost wages, pain and suffering (in personal injury cases), reinstatement to their position, and attorney’s fees in certain wage-and-hour or whistleblower cases. New York does not cap compensatory damages in most personal injury actions, so recovery depends on the specific facts and injuries involved.