The heart-breaking news of the firefighters who were killed here in NYC fighting the Deutsche Bank fire reminds us of the grim reality of the dangers some have to face in certain fields of work. In New York under some circumstances firefighters can sue their employer but those working for private companies cannot sue their employer under New York law they are usually limited to receiving Workers Compensation benefits. However, someone other than your employer or in addition to your employer is responsible for your accident you may still be able to bring a lawsuit to recover damages for your injuries. Let me give you some examples.
If a person operating a motor vehicle for his employer is hit by another car or truck, he is not prevented from bringing a lawsuit just because he is on the job. In addition for his worker's compensation benefits he can bring a lawsuit against the operator of the other car.
Factories or shops can be dangerous places to work. If you are injured operating a machine that is defective - you can sue the manufacturer of the defective product.
If you are sent to a site owned by someone other than your employer to perform a job (for example construction) and you are injured because of a dangerous condition on the property, you may be able to sue the owner, managing agent or other persons or entity who created the defect.
While getting worker's compensation benefits can be good so that you have money coming in while you are disabled and also so that your doctors can get paid - there still may a third party who can be sued so you can recover money damages for your pain and suffering.
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Published 20-12-2009
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