Legal Question in Workers Comp in New York

I have lost my 4 lower front teeth due to the injury I sustained from a resident in place, a nursing home, where I work. I filled for workers compensation insurance.,The board has issued me a note to seek medical treatment. The insurance company has paid the time I lost due to the injury. Can I sue the resident, the employer, or both?


Asked on 9/12/10, 10:35 pm

1 Answer from Attorneys
Brian Mittman Markhoff & Mittman, PC

Good question. Generally you CANNOT sue your employer. However, if a thrid party (the resident) caused your injury then you can sue that person. However, will they have insurance or money to recover against? In a classic case, if you are working and hit by a car driven by another person, you collect workers compensation for the injury and sue the driver of the car who will have insurance. Here, its all about the resident having some type of money or assests, and whether a jury would find what the resident did negligent or intentional (after all, you are working for the residents behalf) speak to an attorney.

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Answered on 9/20/10, 7:51 pm


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