Which of the following statements is false regarding work-related injury cases that fall outside the scope of the workers compensation law?

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Prepare for the New York Independent Adjuster, Motor Vehicle No-Fault, and Workers' Compensation Health Services Exam. Utilize flashcards and multiple-choice questions, each with hints and explanations. Ensure you're ready for success!

The correct answer identifies a misconception regarding the employer's liability in cases that fall outside the scope of workers' compensation law. In such instances, the employer can potentially be held liable for injuries that occur. This liability arises particularly in situations where negligence or other forms of legal wrongdoing can be established.

When an injury is not covered by workers' compensation, the injured employee may pursue legal action against the employer. This opens the door for various legal claims, including negligence, where the duty of care owed by the employer to the employee can be challenged.

It's also pertinent to note that the remaining statements hold true in the context of work-related injuries not covered by workers' compensation. Common law defenses, such as contributory negligence, are available to employers, providing them with certain protections. Furthermore, injured employees may seek damages in court if they can demonstrate negligence or establish legal liability. Additionally, if the case advances to court, plaintiffs may be entitled to compensation for pain and suffering, reflecting the broader scope of damages that can be claimed outside of the highly structured workers' compensation system.

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