Car Accident Attorneys Bronx

You can't sue your employer, but it might be possible to find another potential defendant: The manufacturer of the gas, the company that bottled it, the manufacturer or maintenance company of the equipment that was used to handle it, those are some possibilities, but there would have to be investigation as to how the exposure came about and what should have been done to prevent it.

Sorry to hear about your incident. To answer your question - Yes, there is no election of remedies with regard to workers compensation and personal injury claims. That means, you do not have to choose one or the other and can pursue both. If there is a party that is to blame for your exposure to the gas other than your employer, you may be able to pursue a third party case (personal injury claim) against that party. You should contact an attorney in your area immediately so this can be investigated. Keep in mind, however, that if you do pursue a personal injury claim and are successful, any settlement or verdict you get will be subrogated by the workers compensation carrier. This means, that workers compensation will seek to be paid back 2/3 of the money they shelled out in your settlement from you because your injuries were caused by someone other than your employer.

If you were injured on the job your remedy for claims against your employer is worker's compensation. Depending upon the circumstances of each individual case, if it can be shown that someone other than our employer or fellow employees were negligent a claim can be made against that entity. If someone else besides your employer can be determined to be liable for your injuries, you have three years from the incident to bring a lawsuit. If you would like to discuss this matter further.

If anyone other than your employer or a co-employee of the same employer can be blamed then you have what is called a "third party claim" which us where the serious money is.