Legal Question in Employment Law in New York

Can civil employees sue their employer, due to the employers negligence.


Asked on 10/06/09, 11:03 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Yes . . . with a few expections. For workplace physical injuries (slip and fall) your exclusie remedy is through the Worker's Compensation laws and not through a direct suit against your employer or a fellow employee unless the action of the fellow employee was gross negligence or an intentional act. If you are are speaking of negligence in terms of a violation of the civil rights laws, then you may file suit; however, you may have to exhust an administrative remedy, such as, filing with a civil rights agency for a pre-suit investigation.

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Answered on 10/11/09, 5:03 pm


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