Shot at Work in New York: Can You Sue?

The bottom line: If you were shot at work in New York, workers’ compensation almost always covers your injury on a no-fault basis — but that does not end your case. Comp is your exclusive remedy against your employer in nearly every situation, yet it does not block a separate lawsuit against the shooter, a negligent property owner, a security company, or another business that controlled the premises.

Workers’ Compensation Covers Most On-the-Job Shootings

New York treats a workplace shooting like most other job injuries: if it arose out of and in the course of your employment, you receive workers’ compensation benefits regardless of fault. That covers a cashier shot during a robbery, an employee shot by an angry customer, or a co-worker shot in a dispute tied to the job. You do not need to prove the employer did anything wrong, and a criminal act does not cost you benefits. Comp pays medical bills and a portion of lost wages, but not pain and suffering.

Can You Sue Your Employer? The Intentional-Tort Exception

Because comp is a no-fault trade-off, Workers’ Compensation Law § 11 makes it the exclusive remedy against your employer for a workplace shooting — even when the employer was careless about security. New York’s exception is narrow: a direct lawsuit against the employer is possible only when the employer itself intentionally caused the harm with deliberate intent to injure. A failure to install cameras, hire guards, or screen a violent employee is negligence, not intent, so it almost never opens the door to suing the employer directly.

The “Purely Personal Animosity” Exception

One twist: if a shooting grew out of a dispute purely personal and unrelated to the job — for example, an ex-partner who happened to work at the same location, with no connection to work duties — the injury may fall outside the “arising out of employment” standard entirely. When that is true, comp may not apply at all, which can open the door to a direct negligence or intentional-tort claim instead. This exception is applied narrowly and turns on the specific facts.

Who Else Can Be Sued? Third-Party Claims

Comp’s exclusivity protects only your employer. Depending on the facts, you may be able to bring a third-party claim against:

The shooter, for an intentional or reckless act
The building owner or landlord, if inadequate locks, lighting, or security created a foreseeable danger
A security contractor hired to protect the premises
A separate business that controlled the premises, if legally distinct from your employer

These claims are typically built on negligent security principles and can proceed alongside a comp claim. Comp covers medical bills and wage-loss; a third-party case can pursue the fuller range of damages, including pain and suffering, that comp does not.

If a Co-Worker or a Customer Was the Shooter

A co-worker shooting tied to a work dispute is generally still routed through comp against the employer, though the co-worker who fired the gun can potentially be sued individually. A customer or stranger shooter still leaves your employer claim in comp, while the shooter and any negligent property owner or security company remain open to a separate lawsuit.

Death Benefits and the Office of Victim Services

If a workplace shooting is fatal, the family may be entitled to comp death benefits, plus a wrongful death claim against any liable third party outside the employer. New York’s Office of Victim Services (OVS) can also help with crime-related expenses like funeral costs and counseling, separate from comp or a civil recovery. Coordinating these sources correctly matters for what a family ultimately receives.

What This Means for Your Case

A workplace shooting in New York usually means two tracks running side by side: a no-fault comp claim against your employer, and a potential claim against whoever else allowed the danger to exist or who pulled the trigger. Sorting out who can be sued, and how a comp award interacts with a third-party recovery, is fact-specific and time-sensitive.

Frequently asked questions

If I get shot at work in New York, can I sue?

You can almost always pursue a workers' compensation claim against your employer, and you may separately be able to sue the shooter, a negligent property owner, or a security company. Whether you can sue your employer directly depends on the narrow intentional-tort exception, which rarely applies.

Does workers' comp cover being shot on the job?

Yes. If the shooting arose out of and in the course of your employment — a robbery, a customer attack, or a co-worker dispute tied to work — comp covers it on a no-fault basis; Workers' Compensation Law § 11 is what makes comp your exclusive remedy against the employer. You do not need to prove anyone was negligent to receive benefits.

Can I sue my employer for a workplace shooting?

Generally no. Workers' comp is your exclusive remedy against your employer, even if the employer was careless about security. A direct lawsuit against the employer is possible only in the very narrow situation where the employer intentionally caused the harm.

Who else can be sued after a shooting at work?

The shooter can be sued individually, and a building owner, landlord, security contractor, or a separate business that controlled the premises can potentially be sued under negligent security principles. These third-party claims can proceed alongside, not instead of, a workers' comp claim.

What if a co-worker or a customer was the shooter?

A co-worker shooting tied to a work dispute is typically still handled through comp against the employer, though the co-worker who fired the gun may face an individual lawsuit. A customer or stranger shooter, along with any negligent property owner or security company, can be pursued in a separate negligent security case.