Legal Question in Workers Comp in New York

NY Workers Comp and Business lying on documents

I'm helping a women who was working part time at a bookstore when a large shelving unit that was assembled by her boss fell on her, smashing her head into a concrete floor, resulting in a brain injury. The bookstore is owned by a very large very wealthy ''organization''. The documents that were sent from the ''organization'' are incorrect and indicate that my ''friend'' put the shelf together incorrectly, seemingly attempting to shif the blame to her. Does she have any recourse with the ''organization'' that has lied in the paperwork about the accident? I was told that lying on official documents could nullify their workers comp ''protection''. IS this true? If so, could she go after the ''organization'' for ''damages''?


Asked on 3/13/08, 6:52 pm

2 Answers from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: NY Workers Comp and Business lying on documents

Your friend needs to consult an attorney RIGHT AWAY. She may be entitled to significant compensation. Be aware that there are time limits involved, so take action immediately.

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Answered on 3/14/08, 9:31 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: NY Workers Comp and Business lying on documents

Generally, you are barred from suing your employer via the Workers Compensation laws. However, there are various exceptions. It seems that your friends circumstances may fall under the exceptions or you may be able to sue the manufacturer or designer of the shelving unit. These types of cases can be very complex and I need more information to give you a definitive answer. It is in your best interest to act swiftly in this instance. Contact me, Pasquale Calcagno, Esq., asap and anytime at 1(800)WE-FIGHT for a free consultation.

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Answered on 3/14/08, 2:41 pm


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