I'm sorry to hear about this. I hope you are recovering well. A local workers comp lawyer can assist you with a claim and investigate a possible 3rd party claim.
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I dont practice in NY, but in calif you could file against the mall in this situation. You should get a work comp lawyer, and that lawyer should be able to tell if you can sue the mall too.
Your primary claim where you were injured while at work is a workers compensation claim with regard to your employer and their workers compensation insurer. However, where a third party is negligent other than yourself or the employer, then that third party can be held liable. Your claim is not without challenges and you need to consult with an experienced injury attorney ASAP.
See the blog links below for more information, and I wish you the best:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
In addition to a potential workers compensation claim, you can bring an action for on the job injuries if they were caused by someone other than your employer or co-worker. Assuming you have an injury that warrants an action, the answer is yes. You should consult with an attorney in your area as soon as possible.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
You have to sue the mall, It does not benefit from the workers comp defense, and it sounds like you have a good case. Please see my disclaimer.
As an aside, make sure you have photographs. Also, depending on why you were using the public bathrooms, you may be able to file with workers comp as well.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Yes, it sounds like you have the basis of a case against the maintainer/owner of the restrooms in addition to a workers compensation claim. Call a personal injury attorney without delay.
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.
Yes you can sue but these cases start backwards - what is the extent of your injuries? Unless you were seriously injured (broken bones) our office cannot help you.
It seems that you have a valid case. BUT what is the extent of your injuries?
Any tear as confirmed by MRI?
Is surgery recommended?
If yes to any of the above, please contact me.
PS: You also need to file Workers' Comp claim for your medical bills, hosp bills & lost wages.
First If I were you I would not discuss this matter publicly. Second you can consult local lawyer who is competent for workers compensation and third party action. Local lawyer will provide proper advice in this condition.
However here are the general law in New York. Under New York State Workers Compensation Law section 11 employers liability is exclusive to his employee if employee sustained injuries on the work as long as employer secures the payment of compensation for his/her employee. If employer does not secured such payment of compensation as required by New York at that condition employee has two option either commenced claim under workers compensation Law before Workers' Compensation Board or commenced third party action.
Other than the employer such as property owner, other person who was responsible for maintenance and repair may be liable under New York Law.
There are may other possibilities and need to check other law as well but it will determined by your lawyer once your hired one.
Please be advised that this is not a legal advice it is just some part of law I am telling you.
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