Can I sue someone other than my employer after a workplace injury in New York?

Workers’ comp is your exclusive remedy against your employer — meaning you generally cannot sue your employer in court for a workplace injury. But that rule does not protect third parties who contributed to your accident.

A “third party” is any person or company other than your direct employer who was legally responsible for your injury. Common third-party defendants include:

Equipment manufacturers — if a defective machine, tool, or safety device failed and caused your injury, you may have a product liability claim against the manufacturer under New York law.

General contractors and sub-contractors — on construction sites, multiple parties share responsibility. NY Labor Law §240 (the Scaffold Law) and §241(6) impose strict liability on property owners and general contractors for certain elevation-related and construction zone injuries.

Property owners — if you were injured at a location your employer did not own or control, the premises owner may bear liability for hazardous conditions.

Negligent drivers — if you were hurt in a car accident while working, the at-fault driver is a third party you can sue.

Under NY Workers’ Comp Law §29, if you win a third-party lawsuit, the workers’ comp insurance carrier has a lien on your recovery. They get reimbursed for benefits already paid, but only a proportionate share. Your attorney can often negotiate this lien down significantly, increasing your net recovery.

Third-party cases run parallel to your WC claim — you pursue both simultaneously. The statutes of limitations for Personal Injury claims in New York are typically three years, so do not wait to explore this option.