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Can I sue my employer?

Whenever an employee has suffered a personal injury while working that employee may not sue his or her employer: compensation for on-the-job personal injury is handled through the workers’ compensation law, which pays for medical treatment stemming from the injury and provides the injured employee with a portion of his or her wages while he or she is not working. The only extremely limited exception to this would be if an employer is proven to have intentionally placed the employee in harm’s way or has exhibited such conduct to render it substantially certain that an employee will suffer injury due to an employer’s conduct.

Setting aside personal injury cases, there are other grounds for suing an employer, including cases of harassment or discrimination based on race, creed, color, national origin, ancestry, age, marital status, sex, atypical heredity, cellular or blood trait, military service, physical handicap and sexual orientation. In addition, although they do not enjoy the same protections from job dismissal as contract or union employees, an at-will employee may have grounds for pursuing a wrongful termination lawsuit if his or her employer terminated employment for an unlawful reason.

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Meet our Attorneys

The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

Scott M. Goldberg


Steven Petrillo


Scott D. Schulman


Jeff Thiel