New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Tuesday, October 26, 2010

How Do I Know Whether I Have A Third Party Claim In Addition To Workers' Compensation?

Of course the final verdict of whether or not you have a viable claim will have to come from an experienced personal injury attorney.  However, here are some things to look for in trying to figure out whether you may have a third party claim:

1) The equipment you were using was defective and that defect caused or contributed to your injury.

2) There is a maintenance company or custodian who is responsible for keeping your work place clean or safe and that company or custodian's action or inaction contributed to or caused your injury.

3) Your Employer's vehicle that you were in when you got into an accident was owned, operated, or repaired by someone other than your employer and that person's action or inaction related to the maintenance or operation of that vehicle resulted in your accident.

4) Chemicals you used at work that led to your injury may have been negligently manufactured or instructions for safety precautions were poorly written.

Basically you should think about all the factors and steps that led to your accident and/or injury and see whether someone else bears some responsibility. 

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