Legal Question in Workers Comp in New York

Re: Injured on the job

Depending on the circumstances surrounding your injury, you may well have rights of which you are not aware. Under Workers' Comp for instance because of your tender age, you would be entitled to a minors wage expectancy. There are other things that might be important as well. You really need to consult with an attorney about these issues as soon as possible. If you are in need of assistence in finding a qualified attorney in your area, please let me know and i can help you do so. By the way, your mother does not have the right to sue your emploter either because of a workplace injury.

Re: Injured on the job

Your mother cannot sue your employer and neither can you. However, was there some third party that was responsible for your accident. For example, if you are injured driving a company car because another car hits you, you can collect workers' compensation and sue the other driver. If you are injured at work due to some machine, you may be able to sue the manuracturer of the machine for products liability and still collect comp. You should speak with an attorney about your accident. At at minimum, you want to make sure that the comp carrier does not take advantage of you. If you hurt an extremity, you will likely be entitled to a lump sum award. My firm handles comp and PI cases. We have 10 offices in NY so please feel free to contact me.

Re: Injured on the job

No the exclusive remedy provisions of the Workers Compensation Law would apply to your mother as well. One issue you may wish to explore with an attorney, given your age is the "wage expectancy" provision which may allow you to receive more weekly benefits. Wage expectancy means you may increase your average weekly wage based on what you would have expected to earn when you are older compared to what you were actually earning on the date of the accident.