Legal Question in Workers Comp in New York

If I lease the premises of a building, and an employee of the building owner (the superintendant) is injured on the premises that I lease, while he is working, can he still sue me for negligence (even though he can recover workers compensation)?


Asked on 7/28/10, 8:32 am

1 Answer from Attorneys

Brian Mittman Markhoff & Mittman, PC

Very good question and unfortunately the answer is not so good, the answer is yes. S/he is entitled to collect workers compensation from his/her employer. As to you, it depends on your status. Are you part of the building (such as a management company) or are you a store? Also, how did the injury occur. You can always be sued, but unless you are liable (that is, you were at fault) then there may be nothing to sue about...you should report it to your commercial insurance immediately. Good luck!

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Answered on 8/02/10, 12:02 pm


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