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I am seeking an attorney to take my case. Or if you can, please advise as to what to do.

New York, NY |

I was injured at my job at the beginning of May. I have been on workers compensation since. My doctors indicated I had head trauma, slight concussion, shoulder and neck trauma. My employer was reprimanded many times regarding the vehicle used because 3 previous incidents occurred with the same vehicle before my injury. It was requested to be junked after a failed inspection at my job before anyone got hurt. The vehicle was not junked or removed from our line of vehicles and it caused many serious injuries to us employees. I am seeking an attorney that would be able to advise me as to what can be done regarding my injuries, medical bills, and future medical problems. Thank you.

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Attorney answers 5


You cannot sue your employer. Unless a third party was negligent your only remedy is your workers compensation case.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Seek a workmen's compensation lawyer for lost wages and medical expenses. Have a personal Injury lawyer review option to sue a third party such as the maintainer of the vehicle if different than the employer.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Your primary right is to Workers Compensation benefits which will pay your related medical bills and afford you some wage replacement in the short run and depending on whether or not you have a permanent injury a further award. If your injury arose out of the use or operation of a motor vehicle, as you imply, you may also be entitled to some additional money benefit as workers compensation pays 66.66% where as No fault pays 80% of your earnings. And if your injury was the result of an accident caused by another you may have a action against the other party.

You are best served by a local attorney knowledgeable in workers compensation and no fault law. I am to far away to assist you. Perhaps an NYC attorney will comment on your question and be able to assist you. IF not you could go to the New York Injured Workers Bar Association's Web site for a referral.

Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.


There are some very fine lawyers, who practice in New York, who are listed on Avvo. While you are making your decision as to which lawyer to hire, try and obtain as much information on the vehicle you were driving, and any fines on or violations of your employer. This will assist your new lawyer, so they can file the appropriate sanctions petitions, etc. Additionally, so your new lawyer can determine whether there's a 3rd party claim, if at all.

Hope this helps,

Michael Ian Rott, Esq., Managing Partner
2635 Camino del Rio South, Suite 306
San Diego, California 92108
Office: 619.296.5884, ext. 14
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Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.


You are definitely entitled to worker's compensation, which will pay your loss wages up to a limit, and it will pay your medical bills as well. You should definitely retain a worker's compensation attorney for this purpose. Generally, an employee who is injured as a result of the employer or co-employee's negligence is limited to worker's compensation and cannot bring a lawsuit against them. However, if it can be established that the employer or co-employee recklessly disregarded the safety of the injured worker, or intentionally caused injury to the employee, then the limitations of worker's compensation would not apply. If you have already accepted worker's compensation benefits, then that may prevent you from arguing that you are not bound by the worker's compensation limitations. You indicated that your employer was reprimanded many times. By whom? You mentioned that there were three previous incidents. Were people injured in those incidents? You indicated that "it was requested that the vehicle be junked after a failed inspection". Who made such a request? Who did the inspection? If the answers to these questions are in your favor then you may be able to avoid the exclusive remedy of worker's compensation. I would also do an investigative search to determine the precise owner of the vehicle. You never know, it may be owned by an entity other than your employer, in which case you could sue that owner.