QUESTION
Can I file a personal injury lawsuit if I'm on workers compensation?
Asked on Aug 04th, 2012 on Personal Injury - New York
More details to this question:
I work for a company out of New York. My company rents a room at a casino for performances. During one of the performances, the crew left the moving stage out of position and I fell almost five feet and injured myself. I receive workers compensation through my company in New York. Can I still make a personal injury lawsuit case against the casino who failed to operate the stage properly, causing my injury? I am paid thru my employer in New York and not connected with the Nevada casino other than performing there thru my New York employer.
3 ANSWERS
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes. As long as the responsible party is not your employer and they owed a duty to you, you can proceed with a claim. Good luck.
Answered on Aug 23rd, 2012 at 12:12 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The general rule in New York is that you can pursue someone other than your employer who caused your injury even if you draw worker's comp because it was an on-the-job injury. But: you will have to pay the comp carrier back, off the top, for anything you get from the other party. Also: I gather from your question that this is not an Indian casino.
Answered on Aug 23rd, 2012 at 12:12 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If someone other than your employer was negligent you can sue that company.
Answered on Aug 20th, 2012 at 1:59 PM