US-New YorkCan I sue my employer separately if I receive workers' compensation?
Generally, no—you cannot sue your employer separately for a work-related injury if you receive workers’ compensation in New York, because the Workers’ Compensation Law provides the exclusive remedy.
What the Law Says
New York law bars most lawsuits against employers when workers’ compensation benefits are available. This is known as the 'exclusive remedy' rule.
Under New York law, workers’ compensation is intended to be the sole and exclusive remedy for employees injured on the job. This means that in exchange for guaranteed, no-fault benefits (like medical coverage and wage replacement), employees give up the right to sue their employer for negligence or other civil claims arising from the same injury.
There are very narrow exceptions—such as intentional harm or deliberate removal of a safety device—but these are rare and difficult to prove. The law strongly favors the compensation system over litigation.
Statutory TextThe liability of an employer prescribed in this chapter shall be exclusive and in place of any other liability whatsoever, to such employee…
— Workers’ Compensation Law, s. 11 — Exclusiveness of liability
What Courts Have Said
New York courts consistently uphold the exclusivity rule, limiting lawsuits against employers even in cases of serious negligence.
The court reaffirmed that Section 11 of the Workers’ Compensation Law bars all common-law claims against employers, including negligence, unless the employer’s conduct was truly intentional and outside the scope of employment.
The court dismissed a personal injury lawsuit against the employer, holding that the plaintiff’s acceptance of workers’ compensation benefits triggered the exclusivity bar—even though the injury involved unsafe premises.
What to Do
File a workers’ compensation claim with the NYS Workers’ Compensation Board within 30 days of the injury.
Consult a workers’ compensation attorney before signing any settlement or waiver.
Only consider a civil lawsuit if you have strong evidence the employer intentionally caused harm (e.g., disabling a guard on machinery).
If a third party (not your employer) contributed to your injury—like a manufacturer or contractor—you may still sue them separately.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.