Were you hurt while working as an independent contractor?
Independent contractors injured while working can often receive compensation from a personal injury lawsuit because they do not get workers’ compensation.
However, in New York, an employer who engages an independent contractor is generally not liable for the independent contractor’s negligent acts. One of the exceptions to this general rule is the nondelegable duty exception, which applies when the employer is under a duty to keep premises safe.
In BLATT v. L’POGEE, INC., 112 A.D.3d 869, the Supreme Court, Appellate Division, Second Department, New York an independent contractor sued to recover damages for personal injuries against the employer, alleging that the independent contractor tripped and fell on a hazardous condition created by another independent contractor of the employer.
Whenever the general public is invited into stores, office buildings, and other places, the owner of the premises has the duty to provide members of the public with a reasonably safe premises, including a safe means of entering and exiting.
In BLATT v. L’POGEE, INC., the employer filed a motion for summary judgment to dismiss the case and the NYS Appellate Division refused to dismiss the case holding that a jury should decide whether the contractor tripped and fell in a public area of the employer’s showroom.
Determining whether you are an independent contractor can be confusing and difficult but we can determine if you were either an employee or an independent contractor. Independent contractors can usually file a personal injury lawsuit against the “employer”.
Employees may not be able to sue their employer but can under certain circumstances.
Employees injured in construction accidents can almost always bring a lawsuit usually worth millions of dollars. Construction accidents are among our most valuable cases.
See types of lawsuits employees and independent contractors may have against employers
If you were injured in an accident in New York while working as an independent contractor, please call us right now for a free consultation.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
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