Re: Slip and Fall at Former Employer

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Hope the following helps, it is an excerpt from a NY case on
point.:
[Gyory v. Radgowski, 89 A.D.2d 867 (N.Y. App. Div. 1982)]
"Where an employee incurs injury which arises out of or in
the course of his employment, his exclusive remedy is a claim
for workers' compensation (Workers' Compensation Law, §§ 11,
29; Shanahan v Monarch Eng. Co., 219 NY 469; Williams v
Hartshorn, 296 NY 49)."

You may go back to the Worker's Comp Board and apply for
additional compensation but it may be difficult. If you had
refused all Worker's Comp payments and insisted that the
injury was not a result of an on the job accident but the
result of negligence by the owner of the parking lot which
and declared that you wished to pursue your claim as a tort
action you would have a case. Since you have accepted
Worker's Comp payments for your injury, that is now your only
remedy. If you had also suffered property loss from the slip
and fall, (say you broke your expensive watch) you could
bring a tort action for the property claim but not for your
injury.

See a NY lawyer for legal advice--the comments here on this
forum are not legal advice.

On 8/22/07, Curious wrote:
> 2 years ago as I was walking into work, I slipped on ice
> in the parking lot of my former employer and broke my
> ankle. I required surgery, along with a plate and screws
> and a long process of physical therapy. It was considered
> a workers comp issue and everything was taken care of in
> terms of surgery and PT. Now 2 years later, I have major
> discoloration along with "pins & needle" pain every once
> in a while. I was also an athlete who can no longer play
> certain spots due to the injury. I don't know NY laws,
> but can I still sue my former employer?