Workers Comp 101 Series: Am I suing my employer to get workers comp?

The Law Offices of Joseph A. Romano, P.C. on Tuesday, August 29, 2017.

Welcome to our Workers Comp 101 series! These articles are designed to help everyone understand the basics of workers compensation and their rights under New York State law when injured on the job. Subscribe and follow for weekly information or contact our firm!

Are you suing your employer to get workers compensation?No.

This is a common misconception about workers compensation and is a reason some injured workers don't seek assistance when they are injured on the job. It's important to understand: by receiving workers compensation you are not suing your place of employment.


Employers pay for insurance on their employees. When injuries occur, the employers insurance pays for and medical injuries that may be sustained. Employers pay this insurance because it prevents employees from suing them.

Depending on the situation you could still sue your employer if, for example, the working conditions were unsafe and your employer knew but did not tell you. In this situation, you would actually be suing them for a Personal Injury Claim. Not Workers Compensation. Speak with an attorney about your specific circumstance when determining if this is the right path for you.

Ask Our Attorney A Question

Check out What is Workers Compensation? or our Workers Comp 101 eBook for more information on your case.

**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**

Tags: workers comp 101

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