Legal Question in Personal Injury in New York

Re: Fall

No you cannot sue your employer. You file for workers compensation and you may be entitled to benefits (depending on several factors). However, if your employer does not own the parking lot... you can sue the property owner as well.

Re: Fall

If this incident is entirely the fault of your employer (they own, operate and maintain the lot and are solely responsible for clearing ice), then your only option would be to make a claim with workers compensation. However, if there are any third parties involved in the ownership, operation or maintenance of the parking lot, then you may have a cause of action against them for any injuries you may have sustained. The statute of limitations in that case is 3 years from the date of accident. Should you wish to discuss this further I would be happy to speak to you, as my firm handles personal injury matters.

Re: Fall

Always a little tricky to determine when an employee begins his workday. You may be limited to a workers compensation claim if you had begun work at the time of the accident. If the parking lot is owned by someone, or something, other than your employer, you might be able to make a personal injury claim against the property owner. Best, M. E. Zuller

Re: Fall

I am very sorry for your terrible ordeal. In New York you have 3 years to file a lawsuit, unless the defendant is a city or municipality than it is less. You can sue potentially the owner of the building and the snow removal company. Unfortunately, your question is too general as I need more info from you. If you like you can contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York. Also, we can have a lawyer come to you for a free consultation. Please visit us on the web at www.1800wefight.com. I look forward to helping you in your time of need.