New York Work Injury Lawyer

Representing injured workers across New York State in workers’ compensation claims and the larger cases that often sit hidden alongside them.

Most people who were hurt at work assume they have exactly one option: file for workers’ comp and take what the system gives. A New York work injury lawyer looks at the whole picture, because a single workplace injury can create two or three separate claims, and the biggest one is often the one no one told you about. Lewis & Lewis, P.C. has helped injured New Yorkers find every path to recovery since 1944, recovering more than $1 billion along the way.

This page is the map. It explains the different ways a work injury can be compensated in New York, and where each one leads.

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Is Workers’ Comp My Only Option After a Work Injury in New York?

No. Workers’ compensation is the starting point for most New York work injuries, but it is often not the only claim you have. Depending on how you were hurt and who caused it, you may also have a personal injury lawsuit, a construction-law claim, or a federal claim that pays far more than workers’ comp alone.

Here is the key difference. Workers’ comp pays medical bills and part of your lost wages no matter who was at fault, but it does not pay for pain and suffering. The other pathways can.

“Workers’ compensation kicks in immediately for lost wages and medical coverage, but it does not pay for any pain and suffering. A third-party action can help you recover additional damages, and often significant additional damages.” Emily Janicz, Partner, Lewis & Lewis, P.C.

The rest of this page walks through each pathway so you can see which ones might apply to you. Here is how they compare at a glance:

A single injury can qualify for more than one column at the same time. That is the whole point of reading the full picture before you settle anything.

What Is a Workers’ Compensation Claim, and When Is It Enough?

Workers’ compensation is New York’s no-fault system that pays medical treatment and partial lost wages for any on-the-job injury, and for many workers it is the primary and simplest route to benefits. You do not have to prove your employer did anything wrong.

For a straightforward injury caused by no one in particular, workers’ comp may be all you need. It covers your care, replaces part of your wages, and pays for permanent disability. The New York Workers’ Compensation Board administers this system statewide.

Its limits are just as important to understand:

• It does not pay for pain and suffering.
• It usually cannot be used to sue your own employer directly.
• It replaces only about two-thirds of your average weekly wage, up to a state cap.

When those limits leave you short, the pathways below may fill the gap. For the full deep dive on this system, see our guide to workers’ compensation in Buffalo.

Not sure which claims you have? Call (716) 854-2100 for a free review.

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Can I Sue Someone Besides My Employer for a Work Injury?

Yes. When a person or company other than your employer caused your injury, you can bring a “third-party” lawsuit against them in addition to your workers’ comp claim, and that lawsuit can recover pain and suffering that comp never pays. This is where the largest work-injury recoveries usually come from.

Common third-party situations in New York:

• A negligent driver hit you while you were driving for work.
• A defective machine or tool failed and injured you.
• A subcontractor or property owner on a job site created the hazard.
• A negligent contractor on a multi-employer site caused the accident.

Because a third-party lawsuit runs alongside your comp case, the two have to be coordinated carefully so a settlement in one does not reduce the other. Learn more about third-party lawsuits alongside workers’ comp.

How Does New York’s Scaffold Law Help Injured Construction Workers?

New York Labor Law Sections 240 and 241, known together as the Scaffold Law, give construction workers extra protection when they are hurt by a fall or a falling object, and they can hold owners and contractors directly responsible. These claims often recover far more than workers’ comp alone.

Labor Law 240 covers gravity-related dangers: falls from ladders, scaffolds, and roofs, or objects falling from above. Labor Law 241(6) covers injuries caused by specific safety-code violations on a construction site.

• Why it matters: Unlike workers’ comp, a Scaffold Law claim can recover full damages, including pain and suffering.
• Who it reaches: Property owners and general contractors, not just your direct employer.

If you were hurt on a job site, especially in a fall, see our page on construction site accidents and Scaffold Law claims. These deadlines are strict, so early advice matters.

What if I Work on the Railroad or on the Water?

Some New York workers are covered by federal law instead of, or alongside, state workers’ comp. Railroad workers fall under FELA, and maritime workers fall under the Jones Act, both of which are fault-based systems that can pay more than workers’ comp when an employer’s negligence caused the injury.

Two federal pathways matter most here:

• FELA (the Federal Employers’ Liability Act): Covers railroad workers. Unlike no-fault workers’ comp, FELA lets an injured rail worker recover full damages by showing the railroad was even partly negligent.
• The Jones Act: Covers seamen and maritime workers on vessels. It similarly allows a fuller recovery than workers’ comp when negligence or an unsafe vessel caused the harm.

These claims are specialized and time-sensitive. If you work on the rails or the water in New York, the standard workers’ comp rules may not be the right framework at all.

When You Can Sue Your Own Employer Directly

You rarely can, but a narrow exception exists. New York’s workers’ comp system usually bars you from suing your own employer, a rule called the “exclusive remedy.” The exception is when an employer intentionally causes harm, which can open the door to a direct lawsuit.

This is a high bar, and true intentional-harm cases are uncommon. But the exception exists, and it is worth having a lawyer evaluate whether your situation fits.

More often, the bigger recovery comes from the third-party and construction-law pathways above, not from suing the employer. A careful review of how you were hurt, and by whom, is what tells us which door to open.

How Do You Know Which Work Injury Claim You Have?

Start with one question: did anyone other than your employer cause the injury? If the answer is no, workers’ comp is usually your path. If the answer is yes, you likely have a second claim on top of workers’ comp, and it is often the larger one.

A few quick signals point toward a second claim:

• A vehicle was involved and someone else was driving.
• A machine, tool, or product failed in a way that seems defective.
• You were on a construction site run by a company other than your employer.
• You work on the rails or on the water, where federal law may control.

You do not have to diagnose this yourself. Bring us the story of how you were hurt, and we will tell you which claims fit and how they work together.

Not sure which claims apply to you? Call (716) 854-2100 for a free review.

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What Happens if You Settle One Claim Too Soon?

Settling one claim without protecting the other can cost you the larger recovery. Workers’ comp carriers and insurers sometimes offer a quick payment before you have a lawyer, hoping you sign away rights you did not know you had. Once you sign a release, undoing it is very difficult.

This is the most common and most expensive mistake we see.

“Once you’ve signed those checks or signed a release, there’s nothing we can do. You should never settle a case without talking to an attorney, at the very least to get an opinion. Our fees are contingent, so we don’t recover anything if you don’t.” Emily Janicz, Partner, Lewis & Lewis, P.C.

Before you accept any offer connected to a work injury, have it reviewed. A short call can protect a claim worth many times the early offer.

Ask Lewis & Lewis

Talk to a New York Work Injury Attorney

The worst outcome after a serious work injury is settling one claim without knowing a larger one existed. Since 1944, Lewis & Lewis, P.C. has recovered more than $1 billion for injured people across New York by looking at every pathway, not just the obvious one.

Bring us the basics of how you were hurt and who else was involved, and we will map out which claims you actually have. For a role-specific starting point, our workers’ compensation in Buffalo page covers the no-fault system in depth.

Call (716) 854-2100 for a free case review, or use the form on this page and one of our attorneys will contact you within one business day.

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