Do I have a lawsuit against my former employer?

Asked about 1 year ago - Liverpool, NY

I fell off a ladder that was faulty and my employer knew it was broken. I am still seeking medical attention for this injury now, even though it has almost been a year since the accident.

Attorney answers (4)

  1. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

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    Lawyers agree

    Answered . While Worker's Compensation is a remedy, you may also have a third party claim depending upon the nature and location of the work that you were performing. You did not indicate what type of work that you do, but, for example, if you are a construction worker, you could have a viable case against the owner and general contractor of the job site for violating the New York State Labor Law. You typically can not sue your employer.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your remedy is worker's compensation. Did you file a claim? Does your employer have worker's comp insurance? If YES, that is your exclusive claim against your employer. If NO, you can chose to either get comp benefits from the uninsured fund or sue your employer. If someone else owned the ladder you may be able to sue that person.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . With some exceptions, such as suing third-parties, the Workers Compensation Law precludes the employee from directly suing his employer.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . If there is no workers comp insurance, you should be able to get treble damages from your employer.

    I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer... more

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