New York Legal Authority
When it comes to workplace accidents and injuries, there is always the chance for some confusion over the question of when a worker may receive compensation for an injury from the New York workers’ compensation system and when a personal injury lawsuit would be appropriate.
Factors to consider include did the injury occur at a workplace and was the party responsible the employer of the injured worker.
A case from across the river in New Jersey involved that issue. An employee of the county Division of Social Services had gone to lunch and was returning to work, when she tripped and suffered injuries from the fall.
She filed a personal injury lawsuit against the town and the county. She alleged they negligently maintained the sidewalk and steps where she fell at the courthouse annex. The county admitted they owned the sidewalk, but argued that the incident was covered by the Workers’ Compensation Act. They moved to dismiss the case.
The trial judge granted the dismissal. The worker appealed, and the Appellate Division upheld the trial court. The court found that the fact the she was on her lunch hour did not remove the incident from the workers’ compensation system, as the lunch hour was part of the workday.
The court suggested that in cases where coverage by the workers’ compensation system is unclear, the worker should file both a workers’ compensation claim and file a personal injury lawsuit.
By filing both claims, it ensures that you will not have a claim prevented by the statutes of limitations, which limit the time that you have to file a claim.
Source: NJ.com, “Appellate court rules employee’s fall should be covered by worker’s compensation,” Lillian Shupe, October 25, 2013
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Lunch time fall within workers’ compensation coverage
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