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Workers Comp Troubles Making You Sick? New York Personal Injury Lawyers Might Just Have the Cure
Date:4/7/2009

he system works, it can appear as if there are at least two sets of rules, " Perecman said. "One for certain New York City employees, and another for other workers, such as Transit Authority employees, for example."

"For some workers," he added, "such as Transit Authority workers, who are not employees of the City of New York, the laws for workers' compensation, and how they affect a person's right to bring a lawsuit against certain parties, will create different results. The way the system is set-up now now, if a transit worker is injured, or killed on the job, the employee is not allowed to sue his or her employer in civil court for the accident or injury."

Perecman further explained that since the Transit Authority provides workers' compensation insurance to its employees, a transit authority worker, and by extension the worker's family members, are only entitled to file a claim against the Transit Authority for workers' compensation, or for workers' compensation death benefits. The injured worker cannot bring a lawsuit against the Authority in civil court, nor can the worker sue a co-worker for an on-the-job injury, even if the Transit Authority, or the co-worker, was at fault.

"But Transit Authority workers," he said, "are permitted to file a civil claim against any other party who caused their injury, including the City of New York, because the city is not their employer, the Authority is."    

To illustrate an inherent complication in the current system, Perecman described a complicated workers' worker's compensation case his law firm handled recently involving a claimant who was seriously injured when a piece of heavy metal fell on him.

The individual sustained injuries to his head, shoulder, neck and back including seven herniated discs in the cervical and lumbar areas. The claimant was receiving workers' compensation benefits unt
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