Legal Question in Workers Comp in New York
got hurt at work in a water bottling plant when my hand slipped and got caught in the chain that runs the line. i had 2 and a half fingers amputated,i am now receiving workers compensation. we were told by our supervisor to clean it even when running ,when actually there was a directive to only clean there when not running.....my question is can i sue my employer.
1 Answer from Attorneys
In New York you cannot generally sue your employer and are limited to workers compensation, even if what your employer did was 'negligent'. This holds true the other way also - if you did something that was negligent your employer cannot deny you benefits.
However, since a machine is invovled there could be possible product liability cases against the machine maker etc. You may also be able to bring complaints through the Occupatonal and Safety Health Administration. Good luck!
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