In New York, if your employer does not have Worker's Compensation insurance, you may sue your employer for the injuries you have received.  You may also collect Worker's Comp benefits from a fund created to compensate uncovered workers.      However, if your employer does have Worker's Compensation insurance, you may not sue your employer.  You may, however, have a claim against the manufacturer of the equipment or tool with which you were injured.  This is called a product liability claim.  Common types of equipment and tools involved in such cases in the Rochester area can include a punch press, machinist's tools, scissor lift, saw, drill, etc.  Many injuries are also caused by construction equipment without rollover bars, such as a tractor, bulldozer, grader, backhoe,etc.      Sometimes when a worker has a claim against the manufacturer of unsafe equipment, after a lawsuit is started, the equipment maker often adds the employer to the lawsuit, but can do so only when the employees has received a grave injury as defined by law.

 

Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.

Q:

     Can I sue my employer for injuries I received while using a piece of equipment/tool while at work?

A:      In New York, if your employer does not have Worker's Compensation insurance, you may sue your employer for the injuries you have received.  You may also collect Worker's Comp benefits from a fund created to compensate uncovered workers.
     However, if your employer does have Worker's Compensation insurance, you may not sue your employer.  You may, however, have a claim against the manufacturer of the equipment or tool with which you were injured.  This is called a product liability claim.  Common types of equipment and tools involved in such cases in the Rochester area can include a punch press, machinist's tools, scissor lift, saw, drill, etc.  Many injuries are also caused by construction equipment without rollover bars, such as a tractor, bulldozer, grader, backhoe,etc.
     Sometimes when a worker has a claim against the manufacturer of unsafe equipment, after a lawsuit is started, the equipment maker often adds the employer to the lawsuit, but can do so only when the employees has received a grave injury as defined by law.



Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.
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