I was injured at work. Do I have a personal injury claim?

Updated March 13, 2023.

The general rule in New York is that workers injured at work are limited to compensation from their employer’s Workers’ Compensation insurance carrier even when an employee or co-worker is negligent. However, an injured worker can file a personal injury claim when the injury was caused by the negligence of a third party (someone other than the employer or co-worker). For example, an injury might be caused by the negligent design of a piece of equipment or machinery, or the negligence of someone employed by another company. It is important to determine if the person who caused your injury is really a “co-worker” as defined by law. The person may be an independent contractor or employed by someone else. Lacy Katzen LLP’s personal injury attorneys can help determine if you have a personal injury claim arising from a workplace injury.

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