Can You Sue If You Get Burned at Work in NY?

Generally, New York’s Workers’ Compensation Law bars direct lawsuits against your employer for workplace injuries, including burns. Workers’ comp is typically the exclusive remedy against your employer. However, there are narrow exceptions—such as intentional harm—and you may still pursue a full personal injury lawsuit against a negligent third party whose actions caused your burn.

You can sue any third party whose negligence caused or contributed to your burn. Common defendants include equipment manufacturers (product liability), property owners other than your employer (premises liability), contractors or subcontractors on a job site, and chemical suppliers. Under NY Labor Law §200 and §241(6), property owners and general contractors owe specific duties of care to workers that, if violated, can give rise to direct liability.

Any degree of burn—thermal, chemical, electrical, or radiation—can form the basis of a NY personal injury claim if a third party’s negligence is involved. Second- and third-degree burns that result in scarring, disfigurement, or permanent impairment typically involve the most significant damages. NY courts consider medical costs, lost wages, pain and suffering, and disfigurement when awarding compensation.

New York’s statute of limitations for personal injury claims is 3 years from the date of the burn injury (CPLR §214). Missing this deadline almost always bars your right to recover. You should also report the injury to your employer immediately and file a workers’ comp claim, which has its own strict notice and filing deadlines. Consulting an attorney as soon as possible protects both claims.