Although an employee may not sue his or her employer, it often occurs that a third party is either negligent or otherwise legally responsible for the happening of the accident.  For example, a bus driver involved in a motor vehicle accident cannot sue his or her employer for failing to provide a safe bus.  The bus driver may, however, sue the owner and driver of the other vehicle involved in the accident if the other vehicle was at fault.  A lawsuit arising out of an on-the-job accident is called a third-party lawsuit because it is a case against a third party other than the employer or a co-employee.

        
     It is not always obvious that an injured worker has the right to bring a third-party lawsuit.  In many cases, the employee assumes that the accident was his own fault or that of his employer, and does not even think to consult with an attorney.  In some cases, however, the law makes a third party responsible even if it had nothing to do with the happening of the accident.  For example, a construction worker injured as the result of a scaffold collapse may be able to bring a third-party lawsuit against the general contractor or the owner even if the scaffold was owned and erected by his employer.  The reason for this is that a section of the Labor Law makes the owner and general contractor responsible, even if they had nothing to do with the scaffold.

                           
     There are often time limitations associated with pursuing a negligence lawsuit.  Although the usual time limitation on a claim for personal injuries is three years from the date of the accident, there are many situations where the time is shorter.  For example, the time limitation for a lawsuit against a municipality is often only one year and ninety days.  Of even greater importance are laws that require written notice to be given before a lawsuit is started.  These laws usually apply to claims against municipalities, although they often apply to claims against school districts and other government-type entities.  In many cases, if written notice is required, it must be given within 90 days of the date of the accident.
     For all of these reasons (and more), it is wise to consult an attorney soon after an accident or injury. As time passes, rights may be lost.

If you have any questions, contact us.