A 20-year old Nassau teacher applied to the Long Island State Park Commission for a summer job. He worked as a laborer for the Commission at a warehouse in Jones Beach. One July day, the teacher was thrown off from a truckowned by the Commission after the axle of the truck broke. For the remainder of July and during the month of August that year, he did not work. For a six-week period, he was paid by the Workmen’s Compensation Board, which paid for his hospital bill and the bill of his doctor. The teacher returned to his regular employment at a high school on Labor Day.
The teacher filed a suit to recover damages for the personal injuries he sustained as a result of the Truck accident. The teacher also asserted negligence claims against the State of New York and the beach authority.
The teacher testified that during the period of slightly less than three weeks that he worked, he had ridden on the running board, in the back of and inside the power vehicles that were used for transportation. On occasion, he had seen three people riding in the cab. He testified further that, because of the size of his two co-workers, there was no room for him in the cab on the day of the accident, because if he had entered the cab the driver would have been unable to shift gears.
The State and the Authority moved for a dismissal of the claim on several grounds, including that the teacher was not able to show that the State and the Authority were negligent and to prove his own freedom from contributory negligence and that the Workmen’s Compensation is his sole and exclusive remedy since the teacher was a special employee of the Authority at the time of the accident and is bound by his choice of having accepted Workmen’s Compensation from his general employer.
An employee may have both a general and special employer. In this case, the teacher elected to proceed against the Suffolk Commission under the Workmen’s Compensation Law. He may not now bring an action at law against the Authority.
The court also pointed out that the teacher did not offer any evidence to show what caused the axle to break, or whether the State and the Authority knew of the condition of the axle or were aware that any unreasonable risk was involved. In his brief, however, the teacher states that he never claimed any negligence in the operation of the truck, but rather that he predicated his claim upon the fact that he was ordered by his superior to ride upon the running board of the truck and thus was not provided safe transportation.
Suffering personal injuries, losing one’s capacity to earn, and being involved in a lawsuit arising from the negligent acts of someone else is difficult for all. To protect and preserve your rights, there are New York Car Accident Attorneys who will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates with its New York Personal Injury Lawyers has convenient offices throughout the New York Metropolitan area including Corona, NY. Our Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without our Attorneys, you may lose your rights which may cost you a significant amount of money.
In addition to Injury Law, Stephen Bilkis and Associates will recommend Wrongful Death Lawyers who will help you.