Legal Question in Employment Law in New York
Can civil employees sue their employer, due to the employers negligence.
Asked on 10/06/09, 11:03 am
1 Answer from Attorneys
Locksley Wade
Law Office of Locksley O. Wade
Yes . . . with a few expections. For workplace physical injuries (slip and fall) your exclusie remedy is through the Worker's Compensation laws and not through a direct suit against your employer or a fellow employee unless the action of the fellow employee was gross negligence or an intentional act. If you are are speaking of negligence in terms of a violation of the civil rights laws, then you may file suit; however, you may have to exhust an administrative remedy, such as, filing with a civil rights agency for a pre-suit investigation.
Answered on 10/11/09, 5:03 pm
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