Workers compensation does not prohibit a suit against the third party, but, in order to bring a claim for pain and suffering you will need to prove a serious injury, which may be difficult. Make sure you promptly seek medical attention and consult with a lawyer right away. Best of luck.
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Mr. Pascale is licensed to practice law in the State of New York. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
Absolutely yes. You may also need a Worker's Compensation attorney.
You should seek the medical attention you need and consult with a local personal injury attorney. While nobody can guarantee that your claim will be successful, you describe facts that can lead to a favorable result.
I suggest you act on this as soon as possible so that your rights can be protected. Good luck!
The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
Workers compensation Law will prevent you from suing your employer. In New York, a hit in the rear is negligence "as a matter of law," unless the other driver has a non-negligence reason for colliding with you. You also have to meet the "seriouys injury" threshold, which is outlined on Insurance Law section 5102(d). Visit a doctor and make sure your treatment is meticulously adhered to and documented.
In addition to what my colleagues have stated, you should keep in mind that if you do retain an attorney to commence a lawsuit against the vehicle that caused the collision, you cannot settle that lawsuit without the express prior written consent of the Worker's Compensation carrier.
Good Luck and best wishes for a speedy and uneventful recovery.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
You can sue the offending vehicle for your pain and suffering and maintain a worker's compensation case for your medical bills and lost wages. However, in order to maintain a lawsuit in New York you must establish that you have a serious injury as defined by the NYS insurance law.
You should contact an attorney as soon as possible to discuss this matter further.