Workers’ Compensation Immunity

Workers’ Compensation Immunity

Injured employees may hear that their employer is immune from personal injury lawsuits related to their workplace accident. This is generally true — the New York workers’ compensation system was created to efficiently help workers after an accident, rather than forcing employees to file lawsuits that sometimes sit idle in busy court dockets.

After a work accident, an employer will often quickly file a workers’ compensation claim on behalf of the injured employee. That filed claim typically precludes the worker from bringing a personal injury claim in court. In some instances, an employee may be able to sue an employer, but these situations are uncommon and typically involve malicious or intentional harm by the employer.

Although employees can rarely sue their employer for on-the-job accidents, they often can bring third-party claims against other parties that bear blame for the accident.

At Eisenberg & Baum, our New York personal injury attorneys explore every way to get you the maximum amount of compensation available, including third-party lawsuits and workers’ compensation. Our lawyers are experienced at helping workers injured at the workplace in various industries, including construction and manufacturing.

Experienced New York Workers' Comp Attorneys

If you are experiencing an unfair denial of workers’ comp benefits, our attorneys may be able to help. Employers and insurance adjusters sometimes push back when a worker needs extensive rehabilitation or medical treatment following a workplace accident. A skilled attorney can level the playing field and get your claim to be taken seriously.

Contact Us for a Free Consultation

If you or a loved one has been seriously injured or killed in a job site accident, contact us at, complete our online form, or call (212) 353-8700 to discuss your legal options with an experienced workplace accident lawyer.

We offer free initial consultations and bill on a contingent fee basis — you won’t have to pay us unless we win your case.

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Telephone: (212) 353-8700 | Facsimile: (212) 353-1708 |