Reviewed by Laurence P. Banville, Esq.Two tracks: comp and a third-party lawsuit
You generally cannot sue your own employer, but you can claim workers’ compensation from them. Separately, if a property owner, general contractor, equipment maker, or other third party was negligent, you may sue them — including under Labor Law §240/§241 for construction injuries.
What workers’ comp covers
Medical treatment, a portion of lost wages, and benefits for permanent impairment — regardless of fault. It does not cover pain and suffering, which is why a third-party lawsuit often matters.
Deadlines
Report the injury to your employer quickly and file your comp claim promptly; third-party lawsuits generally follow the three-year rule (CPLR §214).
Frequently asked questions
Can I sue if I already get workers’ comp?
Yes — you can pursue both. Comp comes from your employer regardless of fault; a separate lawsuit against a negligent third party can recover pain and suffering and full lost earnings.
Does workers’ comp cover pain and suffering?
No. Workers’ compensation pays medical care and partial lost wages only, which is why a third-party lawsuit often matters for serious injuries.