Legal Question in Employment Law in New York

Me and a couple of partners recently bought a business. We have a few part time employees (they are minimum wage workers, each make about $100-$120 a week with the exception of one who makes $500 a week). Since we were in the process of transferring ownership from the old owner, we hadn't yet got worker's comp yet (we were in the process of getting it).

Last week, one of the employees took her car to get some gas, which claims was so she could take the car out on a job (she was going to be driving the other workers to the job site). While she was getting gas, her car got hit by another car. She got back to the office and said her back was really hurting. But she continued work for the rest of the day. A week later now, she's claiming that we should pay for the accident since her insurance wouldn't cover it as she was "on the job". She says she has a herniated disc. She hasn't showed up to work last week.

Are we liable for this? Is there any way we could get her insurance to cover this? We wouldn't mind covering the copay for her. Apparently there is no way to backtrack the date for the workman's comp even if we do get it now.


Asked on 11/21/11, 6:48 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

If the facts are as you say, there is probably a covered workplace injury, and if you don't have worker's compensation, you may have other liability issues. You will have to pay the medical bills, but beware that that may not make the problem go away.

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Answered on 11/22/11, 5:11 pm


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