Legal Question in Personal Injury in New York

worker's comp & third party lawsuit

If the G.C. pays me WC wages instead of my actual (uninsured) employer, the Sub, will I still be able to persue a third party suit against the G.C.? Seems to me, I should be able to since my Worker's Comp claim was filed against the Sub contractor, not the General. No one seems to know the answer to this.


Asked on 11/06/07, 5:22 pm

3 Answers from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Re: worker's comp & third party lawsuit

Potential labor law cases are quite complex. Contact my lawfirm for a free consultation at 1(800)WE-FIGHT anytime and I will be happy to take the time with you and answer any questions you may have.

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Answered on 12/06/07, 2:15 am
David Slater David P. Slater, Esq.

Re: worker's comp & third party lawsuit

I would think so, unless the GC will claim you were their employee.

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Answered on 11/06/07, 5:33 pm
Jason A. Richman Jason A. Richman, Esq.

You can certainly sue the G.C.

The only reason that you cannot sue your employer in NYS is the Workers Compensation law. It has nothing to do with who pays, employer, insurance company, GC, or the Uninsured employers fund. As long as you were not a direct or special employee of the G.C. you can sue. Please feel free to call or write with any questions.

5853195334

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Answered on 11/06/07, 6:15 pm


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