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Workers’ Compensation is often thought of as the exclusive recourse for workers who are injured on the job, but that is simply not the case. There are numerous instances when a third party may be liable for causing the accident, either through negligence or intentional misconduct. In these cases, filing a workers’ compensation will not prevent you from also seeking a recovery from that negligent third party, either through a negotiated settlement or a civil lawsuit, if necessary.
If you are injured at work due to a defective product, you may have a claim against the manufacturer of the product. Defective products in the workplace may include power tools that malfunction, chemical solvents and flammable products with inadequate warnings or instructions, defective equipment such as forklifts or cranes that fail at a critical moment, or defective ladders or scaffolding which cause a serious fall. In a products liability action, you can generally recover for a defective design or other product defect in the manufacturer’s control without having to prove negligence or fault on the part of the manufacturer.
If you are in the construction industry or other field that requires you to work on another’s property, you may have a premises liability claim if your injury occurs because of a dangerous condition on the property that the owner knew or should have known about but failed to fix or put up a warning sign.
If your job involves making deliveries or sales calls, or even if you were just running an errand for your boss, if you are involved in an auto accident while on duty you may be able to recover from the negligent driver or your no-fault insurance as well as file a workers’ compensation claim. The same could be true if you were a pedestrian or were working outside when struck by a car.
If you have been injured on the job, contact New York personal injury attorney Leandros A. Vrionedes, P.C. for immediate advice and representation.