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Do not seek or accept advice from anyone who is not an
experienced licensed attorney in New York State.

Many people offer "free legal advice" that is wrong!


     You may hear things such as you can't have a lawsuit if you are receiving worker's compensation from your employer, for an accident that happened on the job. This statement sounds correct, and many people believe that this statement is true. But as usual, it is not so simple.

     It is true that you cannot sue your own employer directly (in New York State) for an accident that happened on the job, (if you are provided with worker's compensation benefits for this accident by your employer). That does not stop you from bringing a lawsuit against any other company, individual, owner, or manufacturer who may have contributed to the happening of your accident.

     It is very possible that as a victim of an accident you may not know that anyone or any company may have also contributed to your accident. You may not know that someone who caused your accident may not have been working for or being paid by the same exact employer as you. You may not know that your employer may have been leasing equipment that caused or contributed to your accident. You may have assumed that your employer owned the equipment because that name was on the equipment.

     You may not know that a separate servicing or maintenance company may have been taking care of the equipment that caused your accident in a negligent manner, and there may be a case against these companies. You may not know that the equipment that caused your injury was faulty or did not have the proper safety guards or warning signs. There may be a case against the manufacturer and/or distributor of any such unsafe equipment.

     You may also not know that the benefits that were provided by your employer are not actually considered worker's compensation benefits under the law, but may be considered “in line of duty injury benefits,” or some other type of benefits, that do not qualify for preventing a lawsuit against your own employer for their negligence. This may be the case, even if you were provided lost earnings, medical, hospital and other expenses.

     You may also not know that New York State has laws to protect construction worker's on job sites, police officers, firemen and firewomen, who engage in dangerous jobs that require that safety statutes may not be violated, and that specific safety procedures and specific safety equipment must be provided and used on job sites to prevent serious injuries. The building or landowner and a general contractor may be liable for your accident, even if you do not know about these laws or why they may apply to your case.

     Only an experienced personal injury attorney, would be in a position to know what to look for, what to investigate, and what legal rights you may have.


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