Levine & Slavit | March 21, 2026
Many New Yorkers assume that if they are hurt at work, workers’ compensation is their only option. In reality, the law can provide additional rights depending on how the accident happened. In a recent discussion, the attorneys explain that while workers’ comp limits who you can sue, it does not always prevent you from pursuing full compensation.
Under New York workers’ compensation law, injured employees generally cannot sue their employer or a co-employee for a workplace injury. Instead, they must rely on workers’ comp benefits, which cover medical care and a portion of lost wages. What many workers do not realize is that this system still allows lawsuits against other responsible parties.
This is known as a third-party action. If someone outside your employer caused or contributed to your accident, you may be able to file a personal injury lawsuit in addition to receiving workers’ compensation benefits. These claims can be critical because workers’ comp does not pay for pain and suffering or the full financial impact of a serious injury.
One common example is a car accident that happens while you are working. If you were driving for your job and another driver caused the crash, you may sue that driver and the vehicle owner. In that situation, you can continue receiving workers’ compensation while also pursuing a personal injury claim for pain and suffering and other damages not covered by workers’ comp.
Another example involves accidents that happen in someone else’s building. If you are making a delivery or performing work at a property your employer does not own or maintain and you trip due to unsafe conditions, the building owner or manager may be legally responsible. That claim would be separate from your workers’ compensation case and could significantly increase your overall recovery.
These cases are often more complex than they appear. Insurance companies may try to limit your claim or argue that no third party is responsible. Without legal guidance, injured workers may never learn that a lawsuit was even possible.
How an Experienced Attorney Can Help
An experienced personal injury attorney can review the details of your work-related injury to determine whether a third-party lawsuit exists. This includes identifying all responsible parties, preserving evidence, and handling insurance companies that may resist paying fair compensation. When appropriate, a third-party claim can help maximize financial recovery beyond basic workers’ comp benefits.
Take Action Today: Protect Your Rights After a Work Injury
If you were injured on the job in New York City, do not assume workers’ compensation is your only remedy. Speaking with an attorney can help uncover additional options and protect your rights. The personal injury lawyers at Levine and Slavid PLLC have extensive experience representing injured New Yorkers and evaluating third-party claims.
FAQs
Can I sue my employer for a work injury in New York?
In most cases, no. New York law requires employees to use the workers’ compensation system instead of suing their employer or co-workers.
What is a third-party work injury lawsuit?
A third-party lawsuit is a personal injury claim against someone other than your employer who caused or contributed to your accident, such as a negligent driver or property owner.
Can I receive workers’ comp and file a lawsuit at the same time?
Yes. If a third party is responsible, you may collect workers’ compensation benefits while also pursuing a personal injury claim.
Why should I talk to an attorney if I already have workers’ comp?
An attorney can determine whether a third-party claim exists and help you pursue compensation for damages that workers’ comp does not cover, such as pain and suffering.