Legal Question in Personal Injury in New York
If I was hired to a job with a expired license, and got hurt on the job what legal options do I have?
2 Answers from Attorneys
It is not that simple to answer-it is a fact-specific inquiry. No matter what, call an attorney and find out what your rights are. You MUST call immediately (I am working from home today & available, BTW*) because you MUST do certain things to preserve your rights, starting right from the ambulance and ER, if applicable, then the doctors' offices. You also want to watch what you say to the employer and everyone else, including any union representative, if applicable, I am not exaggerating about this, and certainly, do not sign anything. You won't know how you can, speaking colloquially, cutting your own throat. I've seen this over and over in my fields. And the only way you will know what you can say-after all, you still may need medical care and some sort of income-until you get an attorney.
You can tape calls as well-NY is a one-party taping state, as approximately half of all states are. So, you can tape record phone calls and even exams your employer and/or its insurance company and other parties, such as your own insurance company, if applicable send you to. Remember, an IME, Independent Medical Exam, is anything but independent-I could tell you things you just would not believe, and but for the tape, more so than notes taken by a relative who is an attorney and thus is an Officer of the Court, this victim would have lost all his rights. This office of this fraudulent doctor was packed, and people were put in other rooms, the halls, etc., with people sent for exams from ordinary car accidents, various forms of insurance companies, employers, etc., so know this for the future should you or a loved one have an accident or otherwise get sent to one of these IMEs.There is far more involved but you will only know if you call.
*I normally wouldn't write this except on the website, but this blizzard is a major exception... I answer my own phone when I telecommute, plus I, and many of my associates, work weekends, many holidays, evenings, and through this whole storm and its aftermath. I do this because people are often scared and I don't want them to have to wait until a regular business day and time, or now, until attorneys can get to their offices. If we believe you need a different lawyer, for example, medical malpractice, we work with an extensive network of the best attorneys in each field-we would not risk our business otherwise and we like to make sure victims have all their rights preserved and their legal matter resolved as best as possible. We have Suffolk and Nassau County offices, and Suffolk will be hit extra-hard, and Nassau will also be hit badly, so please keep safe, stay home, and call if you need to. (631) 848-1204
You need to provide more information. If injured on the job without the intervention of a third party's negligence, your recovery under New York State Law is restricted to Worker's Compensation benefits.