Just about 3 years ago, my husband was working for a local furniture rental company. He and a new guy were delivering a couch weighting about 300lbs and the guy did not listen to my husband's instructions. As a result his right lower leg and lower back were injured. He is still in alot of pain all day.... every day,.. he's on pain meds and has tried nerve block shots that dont last. The toll that this entire ordeal has taken on our family is horrendous ! My family is falling apart and my husband and i are on the verge of a divorce because of it.
I would suggest that you immediately contact a personal attorney want to turn that specializes in Worker's Compensation claims in New York. If your husband was acting within the course and scope of his employment with his employer, he should have a claim for Worker's Compensation benefits. Of course this is Florida and you were in New York. Therefore I would suggest that you immediately contact an attorney who specializes in personal-injury and/or Worker's Compensation. Most attorneys that handle these areas of law provide free consultations.
"just about 3 years ago," is the key. You need to consult with a NY attorney immediately. If you do have a claim, it might expire any day or already have run.
Legal matters are very fact sensitive and a complete factual and legal analysis needs to be performed prior to providing any legal advice. Therefore, this answer does not constitute legal advice and it does not establish an attorney client relationship. If you do want legal advice, please contact an attorney directly.
As long as they both worked for the same employer and your husband was provided with workers' compensation, you can not sue the employer. If you could, the statute of limitations would be be 3 years from the date of the accident.
If he was negligent you can sue the third party but unless the co-worker has any significant assets that you could enforce any judgment against it would be a waste of time. If you have not already hire a Workers' Compensation lawyer to advance your husband's claim against his employer's insurance company.
You cannot sue a co-worker. This is a worker's compensation case.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Under NY law, your husband was entitiled to file for worker compensation benefits for any injury caused during the performance of his employment duties. You can not sue an employer under a theory of negligence and that bar applies to injuries caused by the negligence of a co-worker while in the scope of duties. Based solely on your description, there is no valid claim or action you could bring directly as against the co-worker. Hopefully, your husband did file for W. C. benefits when the injuries first occurred, which filing was required to have been made within 2 years if the date of injury. If not, any attempt to file now will be barred as being untimely.
If the other worker was employed by the same employer as your husband, he is limited to worker's comp. Since medical bills are covered, the two of you should explore all available treatment options; I've had clients go through one treatment after another until they found something that worked, and for some of them the end result was surgery. One other possibility is called a Schedule award. But: depending on your circumstances, it might be better to keep the comp payments coming. Finally, if there is some way to find some other responsible party, your husband could go after them, but the statute of limitations on that is 3 years and as you said, its almost up
You have my sympathies. However, the answer is no. Your co-worker's actions are covered by workers compensation insurance. Hopefully, your husband filed a workers compensation claim.
Generally speaking WC would be the only remedy. However, if the employer did not maintain WC insurance, they can be sued directly.
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