Assuming the Company is subject to jurisdiction in NY, I generally prefer to file in the home state of the injured plaintiff.
PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *
Unless the defendant does business in NY venue is going to be in PA. However, I assume like most states this will be a worker's compensation claim as you generally cannot sue yoor emplyer for on the job accidents.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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.)
If this information has been helpful, please indicate below.
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.
This ans. does not create an attorney/client relationship.
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 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.
I suggest you contact your local NY attorney, if you have one. Most attorneys have a personal injury referral network with other out of state attorneys and your local NY attorney can help you find a good Pennsylvania workers comp attorney.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
Sign up to receive a 3-part series of useful information and advice about personal injury law.