Legal Question in Workers Comp in New York

work related death.

If a person is killed on the job due to the neglegence

of a fellow employee is the only remedy that his surviviors have Wokmen's comp?

Thanks

jeff


Asked on 7/10/01, 1:54 pm

2 Answers from Attorneys
Andrew Smiley Smiley & Smiley, LLP

Re: work related death.

Jeff-

Yes, workmen's compensation is the usual remedy. However, depending on the cicumstances of the accident, there may be a way to bring a "third party" lawsuit. I would be happy to speak with you in greater detail to explore the possibility.

Sincerely, Andrew J. Smiley - www.smileylaw.com

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Answered on 7/12/01, 5:13 pm
Joelle Jensen Angiuli, Poznansky Katkin & Gentile

Re: work related death.

This may not be necessarily so. In certain circumstances, such as accidents that occur while the worker is involved in construction/demolition or while performing window-washing--it is possible to still have a personal injury lawsuit as well as a worker's compensation claim. Further, it is important that the law firm that handles the worker's compensation claim also handle the personal injury case since they work in tandem. If you have more specific questions please e-mail me or call 718-816-0005 and I can help answer your questions for free.

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Answered on 7/12/01, 5:16 pm


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