Legal Question in Workers Comp in New York

Re: Employee Threatens Lawsuit

Workers Compensation is generally the "exclusive remedy" for employees' injuries "arising [BOTH] out of, and [ALSO], in the course of employment", meaning that the employee so injured cannot bring a lawsuit against the employer and can, at most, file for WSorkers Compensation .

Under NYS law, "horseplay" injuries are classified as being covered by Workers Compensation law as the sole and exclusive remedy, as injuries "arising out of and in the course of employment".

Therefore, generally speaking, (UNLESS her lawyer could find some unlikely legal loophole), she could not bring a lawsuit aginast you; at worst, she might win a Workers Compensation award.

However, IF you or your attorney could demonstrate BOTH that she INSTIGATED the "horseplay", AND, that she "willfully intended" to injure the other employee in that horseplay, then she would also lose and be DENIED the Workers Compensation case.

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Re: Employee Threatens Lawsuit

Let her file compensation. She does not have a legitimate lawsuit. In fact, I doubt that she can find a lawyer to file suit. I would call her bluff and not pay her a dime.

Make sure to tell your workers compensation carrier immediately that the claimant was engaged in "horseplay" and if you do not believe that the claim is meritorious tell them so. If you do not have workers' compensation insurance than you are in real trouble. Because the fines that you could owe workers' compensation could be worth more than the claim.