Any lawyers on the forum?

[MikeyZO]

Simple question... is there anything in the NYS lawbooks that says you can not sue your employer if you get hurt due to negligence on their part?

Story:
Fiancee's mom works as an aide in a Long Island school district. They have a mat at the entrance which doesn't fit in the cut out it sits in, and thus there is a 2-3" wide gap between the mat and the door. Needless to say, she tripped on the mat and fell, shattering her wrist to the point that she required surgery to set it and pins and screws to hold it. Now someone is telling her that she can not sue the district because in NY you can not sue your employer. I've never heard of such madness, especially if its due to negligence such as this. And technically she isn't an employee of the district, she works for a company that uses the district's facilities for pre-school kids.

Anyway, any thoughts on this matter?

 

[CHEMCHEF]

I'm pretty sure that you can not sue your employer for injury. I know my employees can not sue my employer if they cut themselves or trip over an ill fitting kitchen mat, or really anything. That is what NYS disability is for.

 

[MikeyZO]

Right, I understand that, but in this case, the mat fits in a hole that was made specifically for it but the district ordered the wrong size and never corrected it. Doesn't that make it negligence? I know for a fact I can sue the city for negligence if I were to fall in the building if, lets say, the stairs were broken and never repaired. That's negligence.

And besides, if that is true, is it a loophole if her employer isn't the school district?

 

[NYPDFrogman]

pretty sure you cant sue your employer in NYS she is entitled to compensation
they will take into consideration the extent of injury and amount of pain and suffering.

 

[MikeyZO]

where does the compensation come from?

 

[NYPDFrogman]

where does the compensation come from?

as an employer/owner you are required to carry compensation insurance
http://www.wcb.state.ny.us/

 

[reefman204]

I believe you can sue.....If you need a good Lawyer shoot me a p.m.

 

[MikeyZO]

Its retarded... I can understand if something unexpected happens and you get hurt, but if its due to the employers negligence, you should be able to sue.

On a side note, she might be in the loophole because she doesn't work for the school district, she works for an outside company that was hired by the district using federal grant funding to control the preschool in the building because the district wanted nothing to do with it. The district has no control over the preschool or its employees, and they do not pay their salary. They simply provide the building. So here's hoping.

 

[MikeyZO]

Thanks Reefman, will definitely keep that in mind!

 

[reefman204]

Ok