If I file a case, am I suing my job?

You are not suing your job. Workers’ compensation is very much a compromise system. Whether you want to sue your employer or not, you cannot sue your employer. Workers’ compensation in New York State is set up so that both you and your employer have protections. They can’t claim the injury is your fault, and you can’t blame it on them.

So, it’s not a lawsuit. You’re pursuing a claim against your employer’s insurance company. Every job in New York State is required to have workers’ compensation insurance, and that insurance company pays medical bills, lost wages, and potentially a settlement.

The point of the system is that it’s supposed to be non-adversarial. It’s meant to ensure you receive what you’re entitled to, recover, and get back to work. Ideally, you should return to your job, and the process shouldn’t create animosity between you and your employer.

So, it really is not, in any way, shape, or form, a lawsuit.