I am not licensed in New York, but in New Jersey if a worker is injured in the course of his employment then he or she is entitled to workers compensation. This is true even if the worker tripped over his or her own shoelace. In other words in a workers compensation case Petitioner's attorney does not have to prove that the employer did something to cause the worker's injury.
However, to pursue a case against a third party...say the owner of the property where the puddle existed, Plaintiff (the injured party) would have to prove that the owner was negligent in that said owner negligently created or failed to address a dangerous condition which the owner knew about or should have learned about by reasonable inspection. A pre-requisite to recovery against a third party in NJ requires proof that the third party was at least 50% negligent. These cases are very fact sensitivw. From your description of the incident I suspect that counsel did not believe the case would present well from a liability standpoint, becuase your shoulder surgery, if liabilty against the could be established, would certainly produce a worthwhile financial outcome.
I would suggest that you seek another opinion of your third party case from other counsel who may view the case more favorably than the attorney you initially consulted. Best of luck to you.
Ed Shamy 732-821-0400
Answered on Feb 04th, 2016 at 9:24 PM