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.
