A young woman injured by flying debris from a New York City construction site agreed today to a settlement with the construction company and property owner. Carol L. Schlitt of the Schlitt Law Firm negotiated the settlement. The case puts to rest a long ordeal for the woman and enables her to receive a financial boost for college.
Last November, a woman working at a temporary employee entered the woman’s washroom on the floor near her office. She slipped and fell on a puddle formed by water leaking from the sink that was slanted towards the ground. An… Read More ›
Late in a February evening in 2010, a U.S. Postal Employee working at a Long Island facility drove her forklift into the back of a tractor trailer to unload pallets of mail. As she did so, the driver pulled the truck away, sending her and the forklift tumbling to the ground and leaving the woman with a soft-tissue knee injury. The woman retained me as her lawyer and I was able to negotiate a $25,000 settlement that maximizes the money the woman will receive and avoids the wait for a trial.
All electricians work with the knowledge that they must protect themselves from electrocution. I heard the other day from an electrician whose boss electrocuted him on the job and he wanted to know if he could sue his boss for gross negligence. I explain the current interpretation of the gross negligence exception and then address why I think that interpretation is to restrictive and open to a legal challenge.
I received an inquiry today from a person injured while stocking store shelves on the job. She had climbed up a ladder and the locking mechanism on the ladder failed so she fell and injured her back. She wanted to know if she could sue for pain and suffering.
In New York, Workers’ Compensation covers all on-the-job injuries, though it also prevents an employee from suing an employer for an on-the-job injury. There is an exception that allows an injured person to seek compensation when injured on a ladder or scaffold. However, that exception only applies when performing the construction, demolition or repair of a building or structure. Under those circumstances, the employee can hold the owner of the building or the general contractor of the project responsible even if the owner or general contractor did not act negligently. In this woman’s case, she qualifies for Workers’ Compensation, but cannot seek additional compensation.
I do not specialize in Workers’ Compensation cases, but I need to know the Workers’ Compensation law to help my clients who suffer an injury on the job through the negligence or recklessness of someone other than their employer. I… Read More ›
Under current New York State law, all vehicles must pull to the side of the road to allow emergency vehicles to pass. Effective January 1, 2011, drivers in New York State now must change lanes when approaching a parked or… Read More ›
Here is a question I recently received about a slip and fall at work that I thought might interest readers:
My 17 year old daughter works for McDonalds and she slipped and fell on her back on a piece of ice that a co-worker threw on the floor horse-playing around. She is very hurt, do I have a claim?
I am sorry to hear about your daughter’s injury. You do not say where you live or where your daughter works. I practice law in New York so I will answer based on the laws of New York. The short answer is that although your daughter qualifies for New York Worker’s Compensation benefits, she cannot sue her employer for damages.
New York Workers’ Compensation Insurance (or Worker’s Comp or Workmens’ Comp) covers employees injured in the course of their job. The NYS Workers’ Compensation Law offers benefits (quick payments for medical expenses and compensation for injuries) and restrictions (strictly limiting lawsuits against employers).
I often receive questions from people receiving Workers Comp benefits who want to know if they can sue their employer. Here is a question that I received earlier this week:
I recently hurt my leg on the job. We were moving some equipment, something we had done many times before without incident. This time my supervisor told us to do it a different way. We followed his instructions and the equipment fell on me and crushed my leg. I now need surgery and extensive rehabilitation. If the supervisor hadn’t changed our normal routines, I never would’ve been hurt. Workers Comp will cover my medical costs, but I feel that my employer went way over the line in causing my injury. Can I sue my employer?
Many people have questions about injuries they suffer on the job and their ability to receive compensation for those injuries. In New York, the Workers’ Compensation Law provides coverage for medical expenses and lost wages, but places limitations on people seeking compensation for pain and suffering. However, there are exceptions where a person can seek damages for an injury suffered while working.
Here is a case where a person worked in an office building and hurt herself in a slip and fall accident in the building lobby. Let’s consider the questions:
- Who will cover her medical bills and lost wages?
- Can she receive compensation for her pain and suffering?