Yes, you can sue your employer in New York State. You may have a claim against your employer if you have been the victim of discrimination, harassment, or retaliation. You may also have a claim if you have been the victim of wage theft or if you have not been paid for all the hours you have worked. If you have a claim against your employer, you can file a lawsuit in state or federal court. You may also be able to file a claim with the New York State Division of Human Rights or the Equal Employment Opportunity Commission.
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Can you sue your employer in New York State if you feel you have not been paid what you are owed?
In New York State, an employee can sue their employer if they believe they have not been paid what they are owed. The employee must have a valid claim and be able to prove that they are owed the money. If the employee is successful, they may be awarded damages, which could include interest, back pay, and attorney's fees.
Can you sue your employer in New York State if you feel you have been retaliated against?
Yes, you can sue your employer in New York State if you feel you have been retaliated against. The New York State courts recognize a few different types of retaliation, including but not limited to, reprisal for refusing to participate in an illegal activity, reporting illegal activity, or taking leave under the Family and Medical Leave Act. If you believe that you have been retaliated against by your employer, you should contact an experienced employment law attorney to discuss your claim.
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Frequently Asked Questions
Can I sue a co-employee for a workplace injury in New York?
Absolutely not. This would be a violation of the Worker’s Compensation Law, and the injured employee would have no legal recourse.
Can I sue my employer or a co-worker for an injury?
Yes, if the employer intentionally caused your injury.
Can I sue a co-employee for negligence in New York State?
Yes, as long as the co-employee was directly responsible for the infliction of harm on the employee, a court may allow an employee to sue that co-employee for negligence. This exception is known as “respondeat superior.”
What is the Workers’ Compensation Law in New York State?
In New York State, the Workers’ Compensation Law is an employee’s sole legal remedy for an injury that occurs on the job. What this means is that an injured employee cannot sue a co-employee or employer for negligence that caused the injury. However, the injured employee can file a claim with the workers’ compensation board in order to receive benefits from their insurance policy. Who Is Eligible for Workers' Compensation? The Workers’ Compensation Law in New York state is applicable to all employees of private businesses as well as public agencies. In addition, employers must provide workers’ compensation coverage to independent contractors who are performing work tasks that are within the scope of their contract. Finally, family members of employees who die while working are eligible for benefits through the workers’ compensation system. What Are The Regulations Regarding Workers' Compensation Coverage In New York State? There are a number of regulations that employers must follow when it comes to
Can I sue a third-party for a workers’ compensation injury?
The immunity rule under your state’s workers’ compensation law only applies to your employer. So, you can sue any other person or company (referred to as a “third-party”) that is responsible for your injuries. You may be able to recover money damages from the third-party for its role in causing your injuries.
Sources
- https://www.avvo.com/legal-answers/can-i-sue-my-employer-for-physical-damages-due-to--1060836.html
- https://webmyugg.com/articles/can-you-sue-your-employer-in-ny
- https://www.huffpost.com/entry/what-to-expect-when-you-s_b_1194955
- https://mosheslaw.com/can-you-sue-a-boss-for-bullying-in-new-york/
- https://ag.ny.gov/job-termination
- https://donotpay.com/learn/suing-for-wrongful-termination/
- https://www.superlawyers.com/ask/new-york/workers-compensation/should-i-sue-my-employer-after-an-injury-in-new-york/d787c748-3a75-42e3-9f99-2575931cdd79.html
- https://davidrichlaw.com/how-long-do-i-have-to-sue-my-employer-for-wrongful-termination-in-new-york/
- https://mcvlaw.com/blog/suing-your-employer/
- https://www.nytimes.com/2018/08/03/business/sue-unfair-employer.html
- https://www.halt.org/can-you-sue-your-employer-for-negligence-as-an-injured-worker/
- https://donotpay.com/learn/suing-your-employer/
- https://dol.ny.gov/how-file-discrimination-claim
- https://mosheslaw.com/can-i-sue-my-employer-for-stress-and-anxiety/
- https://www.nycbar.org/get-legal-help/article/workers-comp/can-sue/
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