JACKSON HEIGHTS, NY – September 14, 2026 – Workers injured on the job in Queens often assume they can file a lawsuit against their employer, but New York law generally limits that option. Queens personal injury attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/blog/can-i-sue-my-employer-for-negligence/) has published a guide explaining when workers’ compensation is the exclusive remedy, when a separate lawsuit may still be available, and what injured workers should know about deadlines, denied claims, and uninsured employers.
According to Queens personal injury attorney Keetick L. Sanchez, most workplace injuries fall under the workers’ compensation system, which serves as the usual remedy against an employer under Workers’ Compensation Law § 11. “In most cases, an injured worker cannot sue an employer for ordinary negligence, even when carelessness contributed to the injury,” Sanchez explains. “The workers’ compensation system is designed as a no-fault process, so the focus shifts to whether the injury arose out of and in the course of employment.”
Queens personal injury attorney Keetick L. Sanchez notes that the exclusive remedy rule under Section 29(6) also limits negligence claims against coworkers and others in the same employment. The key question for injured workers, she observes, is whether an injury stays within workers’ compensation, creates a third-party claim against someone outside the employment, or allows a direct claim against an uninsured employer.
Workers’ compensation coverage, which nearly all Queens employers must carry, pays for necessary medical care and partial lost wages. For injuries occurring from July 1, 2026 through June 30, 2027, the maximum weekly benefit is $1,281.50, with a totally disabled worker generally receiving two-thirds of the average weekly wage up to that cap. The system may also provide death benefits to eligible dependents when a worker dies from a job-related injury or illness.
Sanchez points out that there are narrow situations in which a direct lawsuit against an employer may be permitted. “If an employer was required to carry workers’ compensation coverage but failed to secure it, an injured worker may choose between a workers’ compensation claim and a lawsuit in court,” she says. “A direct claim may also be possible in limited circumstances involving an intentional tort, or when a worker is not covered as an employee in the usual way.”
Employers that fail to carry required coverage face significant consequences under Section 52 of the Workers’ Compensation Law. Failing to secure coverage for five or fewer employees within a 12-month period is a misdemeanor punishable by a fine of $1,000 to $5,000, while civil penalties can reach $2,000 for each 10-day period of noncompliance. Attorney Sanchez emphasizes that an uninsured employer may lose lawsuit protection while also facing serious state penalties.
Beyond claims against the employer, the firm helps injured workers determine whether a third party may share responsibility. Common examples include crashes caused by other drivers, unsafe property conditions, defective tools, and construction site negligence. Sanchez notes that a worker may pursue workers’ compensation and a third-party lawsuit at the same time when someone outside the employment caused the injury, and that such lawsuits may allow damages, including pain and suffering, that workers’ compensation does not cover.
Construction workers across Queens and Long Island City may have additional options under New York Labor Law. Section 240, often called the Scaffold Law, requires covered owners, contractors, and agents to provide proper elevation safety devices such as scaffolds, hoists, and ladders. Section 241(6) requires compliance with specific Industrial Code rules for construction, excavation, and demolition work, while Section 200 addresses general workplace safety. Sanchez explains that when a third-party recovery is involved, an attorney should review whether Section 29 requires the workers’ compensation carrier’s written consent or a court compromise order, and should examine any lien so the carrier does not recover more than the law allows.
Strict deadlines apply throughout the process. Injured workers must notify their employer within 30 days, ideally in writing, and generally have two years to file a claim with the New York State Workers’ Compensation Board. The Queens District Office is located at 168-46 91st Avenue, 3rd Floor, Jamaica, NY 11432. When a claim is denied, disputes may proceed to a hearing before a Workers’ Compensation Law Judge, with further administrative review and, in some cases, an appeal to the Appellate Division, Third Department.
For injured workers facing questions about their legal options, consulting a Queens workers’ compensation and personal injury attorney may help identify potential claim paths and avoid mistakes that could affect benefits or recovery. Attorney Sanchez assists clients in Jackson Heights, Queens, and throughout New York City in coordinating workers’ compensation claims and third-party lawsuits before settlement decisions affect their rights.
About K L Sanchez Law Office, P.C.:
K L Sanchez Law Office, P.C. is a Jackson Heights-based firm serving injured workers and accident victims throughout Queens and New York City. Founded by attorney Keetick L. Sanchez, the firm focuses on workers’ compensation claims, third-party lawsuits, Labor Law claims, and related personal injury matters. The office is located at 37-06 82nd St #304, Jackson Heights, NY 11372. For a free consultation, call (646) 701-7990.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=IqC4hXYtzlY
GMB: https://www.google.com/maps?cid=2729652254808699760
Email and website
Email: [email protected]
Website: https://accidentlawyer-queens.com/
Media ContactCompany Name: K L Sanchez Law Office, P.C.Contact Person: Keetick SanchezEmail: Send EmailPhone: (646) 701-7990Address:37-06 82nd St #304 City: Jackson HeightsState: New York 11372Country: United StatesWebsite: https://accidentlawyer-queens.com/
