Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue my employer if I get burned at work in New York?
In most cases, New York Workers’ Compensation is the exclusive remedy against your employer, meaning you cannot sue your employer directly for a workplace burn injury. However, if a third party — such as an equipment manufacturer, a subcontractor, or a property owner — contributed to your burn, you may bring a separate personal injury lawsuit against them alongside your workers’ comp claim.
What is a third-party burn injury claim in New York?
A third-party claim is a personal injury lawsuit filed against someone other than your employer who caused or contributed to your burn injury at work. Common examples include a defective product manufacturer (product liability), a negligent building owner, or another contractor on a job site. If your burn happened on a construction, excavation, or demolition site, NY Labor Law §241(6) may apply — this statute holds property owners and general contractors liable for injuries caused by violations of specific safety regulations, regardless of whether they were personally at fault. This law is limited to construction-related worksites; burns in other workplace settings (kitchens, factories, offices, warehouses) would instead rely on ordinary premises liability, product liability, or general negligence claims against the responsible third party.
What types of workplace burn injuries can lead to a lawsuit in NY?
Chemical burns from hazardous substances, electrical burns from faulty wiring or equipment, thermal burns from fires or explosions, and steam or hot-liquid scalds can all support a third-party lawsuit if someone’s negligence was involved. Defective safety equipment, inadequate warnings on chemicals, and OSHA violations are common evidence used to establish liability in NY burn injury cases.
How long do I have to sue after a burn injury at work in New York?
New York’s statute of limitations for personal injury claims is three years from the date of the injury (CPLR §214). Workers’ compensation claims carry a separate, shorter deadline — you must notify your employer within 30 days and file within two years. Missing either deadline can bar your right to recover, so you should consult an attorney as soon as possible after a workplace burn.