By: Nicholas Blatti, Esq. 

Have you or someone you know slipped while at work? Was there no caution signs or warning that the area was dangerous? What can you do?

In most cases if you are injured at your work place during the course of your employment in the State of New York, you receive benefits through your employer’s private workers compensation carrier of the New York State Insurance Fund.  In most occurrences this prevents you from suing your employer under the Worker’s Compensation Law.

However, you must be fully aware of your rights because there may be another party, other than your employer, who might bear the responsibility for the injuries you sustained.  Questions need to be asked. Who was responsible for maintaining the area where you tripped or slipped? Was it a common area?

In some situations your employer is the tenant of the building and is not responsible for the maintenance of the common area. The owner/landlord of the building in this case might be responsible for the maintaining of the common area. This gives you the opportunity to bring a lawsuit against the owner/landlord.

There can be situations where an outside management company is responsible for maintaining the premise and not your employer. This would give you the opportunity to bring a lawsuit against the management company.  As the owner and/or manager of the property in question, they are responsible for maintaining the premises in a safe condition.  The duty of a landowner with respect to the proper maintenance of his or her premises has long been established by New York State law.

There are also times when your employer and the landlord are the same person but filed under different corporate names. Or that the Landlord is the parent corporation and you employer is a subsidiary corporation of it. Your employer may try and make you think that the corporations are the same and tell you you’re not entitled to bring a lawsuit. They may tell you that you are only entitled to workers compensation benefits.

When the courts of New York address this issue they will look to see if the corporations are “alter egos” of each other or act as a “single entity.” If they are considered you cannot bring a lawsuit against the landlord because they are viewed as the same corporation and thus you’re only entitled coverage by Workers Compensation. However, this is not a simple way for the entities/corporations to avoid liability for your injuries.  There are multiple factors that the court considers to determine if these corporations are “alter egos” or act as a “single entity.” Here are just some of the factors:

• Board members of each corporation.
• How much direct intervention there is between the companies?
• The amount of control one corporation has over the other.
• What type of business endeavors does each corporation engage in?
• Are each corporations functions separate?
• Does each corporation maintain separate records?

The Courts have held that the structure they created should not be ignored at their behest, in order to shield one of the entities they created from common-law tort liability.  That is why it is important for you to contact an attorney and find out what your rights are.

If you are injured at work it is important to know your rights. Our firm would be able to investigate matters fully and determine if you are entitled to bring a lawsuit for injuries you sustained while at work.