I was injured on the job in Pennsylvania, though I live in New York City. Should I contact a personal injury lawyer in Pennsylvania or in New York? My company is based out of Pennsylvania, though I've been told jurisdiction for personal injury is based on where you live.
There are too many open questions to give you a proper response. If you were injured in PA by a PA resident who has no connection to NY, then you would not be able to sue that party in the NY State Courts, but possibly could in the Federal Court system (whether the case could be kept in the NY Fed. Dist. Court would depend on factors related to the doctrine of "Forum Non Conveniens"). If your injury is due to the negligence of your employer or a co-worker, rather than a third party not connected to your employer, then you are limited to a workers' compensation claim. Whether you could file for W.C. in NY or are limited to doing so in PA is also dependent on a number of factors which you do not address and therefore this forum can not address. What is sure is that you should be filing a W.C. claim immediately.
You apparently have a workers compensation claim, originating out of Pennsylvania. I suggest you contact a Pennsylvania workers compensation attorney, who would be most familiar with your entitlements under the Pennsylvania workers compensation statute. If there is a third-party cause of action, it likely would need to be filed in Pennsylvania. (You cannot sue your employer, but must rely upon statutory workers compensation benefits.)
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You can opt for workers compensation jurisdiction here in New York. You can only sue a third party in New York if you have jurisdiction over them. If they actually do business within New York then you can sue them here in state or federal court. An example would be if your company which is based in PA was hired to do a project in PA for another company that is base in NY or does business within New York and you get hurt on that project. But even if you can sue them in New York Pennsylvania law will apply to your case.
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