Legal Question in Workers Comp in New York
Intentional tort?
Friend was suffered severe brain injury in accident at bookstore where employed part time, shelf unit was assembled wrongly by employer using legs designed for mounting unit against a wall,unit was freestanding and collapsed on top of worker crushing her head between unit and tile floor. is employerliable outside workmans comp due to improper instalation/useage of unit? this was a job she had while finnishing her phd degree and now she has lost most cognitive ability which is why I'm writing this cause she as lost short term memory and the ability to comprihend what she is reading.
2 Answers from Attorneys
Re: Intentional tort?
It sounds like your friend may have a tort claim for negligence. I would need to learn more about the case to make a better assessment about the available causes of action, please feel free to have your friend contact me, our consultations are always free. 732.370.3000
Re: Intentional tort?
You get workers' comp (if eligible) regardless of fault. If you don't get comp, you can sue. Maybe you can do both depending on who installed/built the shelf. My firm is the biggest comp firm in NY and we also do personal injury cases so please feel free to contact me. We can probably help your friend.
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