Legal Question in Personal Injury in New York

I have a friend that has a construction company, very small company but he has everything registered correctly insurance etc. The owner and his brother (two people) were working at a job site. Both fell three stories, the owner of the company broke his jaw and actually has a metal plate as a replacement jaw in part of his face. The brother, had several knee surgeries to correct shattered knee/bone, don't exactly know the specifics. My question is if the owner of the company is suing himself currently receiving 600 dollars in weekly checks, how much will he get (estimate), and is it even possible to sue your own company? The brother is also suing, how much will he receive (estimate)?


Asked on 12/09/11, 1:18 pm

2 Answers from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

The owner will generally not be able to sue himself for being negligent. He may collect workers' compensation benefits. He may also be able to sue a property owner or the manufacturer of the scaffold or other equipment used for his safety if that owner or equipment was at fault and the proximate cause of the fall. His brother may file a claim against his brother's company, receive workers' compensation and sue other entities based on each party's liability. As far as an estimate, it is impossible to tell you at this time without knowing the full extent of the injuries, treatment and life of the brother.

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Yours truly,

Michael Krigsfeld

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Answered on 12/09/11, 1:24 pm
David Slater David P. Slater, Esq.

A worker cannot sue his employer. He collects WC.

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Answered on 12/09/11, 3:33 pm


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