Work-Related Accident Cases
Every job carries a certain amount of physical danger and risk. Even a secretary sitting at a desk can injure herself with a paperclip. I have seen cases at my firm, The Law Offices of David Ascher, where secretaries slice open their fingers on file clips. An employee injured during the course of employment is entitled to workers’ compensation benefits which will pay a portion of lost wages and the medical bill. In the state of New York, section 20 of the Workers’ Compensation Law bars most employees from bringing lawsuits against their employers.
However, even though the employee is unable to sue the employer for personal injuries, the employee can bring claims against other parties, entities of defendants. For example, a secretary working in an office building gets hurt when the ceiling falls on her head. The injured person cannot sue the employer, but they can bring a personal injury lawsuit against the building owner. The bar is only against the employer. In such cases, the injured person has both a workers’ compensation claim and a personal injury claim.
Work-related accidents are often found at construction sites, people working on ladders, scaffolds, painting a premise, even walking out of an office building falling in the hallway or lobby. Every job carries risks and dangers. However, finding a responsible company or entity to bring a personal injury or accident case requires investigation. Therefore, it is important to call an attorney like me, David Ascher.
The law is further complicated by the concept of what is called a “special employee.” That is someone who is technically employed by a staffing company or an employment company and is sent to do work at another location. In these instances, determining who is considered an employer for purposes of bringing a personal injury lawsuit can get complex.
Some common questions that are often asked:
- If I am injured at work, who pays my medical bills and wages? If you are injured in the “course of scope” of your employment, you are entitled to a workers’ compensation claim.
- Can I bring a personal injury or accident lawsuit against my employer? In most instances and cases, the answer is no.
Let Me Help You Defend Your Rights
If you are injured during the course of your employment or work, call me at 212-964-1515 or email me and find out exactly all your rights and your ability to bring an accident case or personal injury lawsuit.