A work injury, then a fall from a porch with no railing: the comp claim and a separate claim against the landlord in New York

Attorney Answer

These are two claims, and they work differently. The finger is a workers' compensation claim: tell your employer in writing and file the claim. The fall is a separate claim against the landlord if the missing railing caused it and the landlord was responsible for the porch. But if the fall happened because of the hand injury, it may belong to the comp claim instead. A landlord's responsibility turns on its duty to keep the porch in repair and whether it knew or should have known about the condition.

The finger: workers' compensation. Notice of the injury must reach your employer in writing within thirty days under Workers' Compensation Law § 18, and a claim must be filed within two years under § 28. Comp is your remedy against your employer, under Workers' Compensation Law § 11(1); it does not stop a claim against a landlord who is not your employer.

If the hand injury caused the fall. An injury that follows from a work injury can be part of the comp claim, but you have to prove the connection with medical evidence. In Matter of Bland v. Gellman, Brydges & Schroff, 151 A.D.3d 1484 (3d Dep't 2017), the claimant lost because the medical evidence about the later condition conflicted.

The fall: the landlord. A landlord that does not live there is responsible for a dangerous condition only where it had a duty to repair — by statute, by the lease or by keeping control — and actual or constructive notice of the condition. The Court of Appeals held an owner with a duty to repair liable on constructive notice in Guzman v. Haven Plaza Housing Dev. Fund Co., 69 N.Y.2d 559 (1987). Two cases show the limits: in Moore v. Ortolano, 78 A.D.3d 1652 (4th Dep't 2010), tenants lost after a porch railing collapsed because the landlord had no notice of the defect, and in Sauer v. Mannino, 309 A.D.2d 1053 (3d Dep't 2003), the plaintiff lost because there was no proof that the missing handrails caused the fall. A missing railing is easy to see, so notice may be the easier question; whether a railing would have stopped your fall is the harder one. If the building has three or more households, Multiple Dwelling Law § 78(1) puts the repair duty on the owner:

1. Every multiple dwelling, including its roof or roofs, and every part thereof and the lot upon which it is situated, shall be kept in good repair. The owner shall be responsible for compliance with the provisions of this section; but the tenant also shall be liable if a violation is caused by his own wilful act, assistance or negligence or that of any member of his family or household or his guest.

For a one- or two-family house, look to the lease and to who actually takes care of the porch.

Your own share. CPLR 1411(a):

(a) Except as provided in subsection (b) of this section, in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.

A fall on a porch is not a motor-vehicle case, so this pure comparative rule governs it: your own share of fault reduces your recovery but does not bar it.

What you can do

1. Give your employer written notice of the finger injury, with the date and how it happened, and keep a copy.

2. File the workers' compensation claim.

3. Photograph the porch and the missing railing, and note the height of the drop.

4. Tell the landlord in writing about the fall and the missing railing, and keep a copy.

5. Tell your doctors exactly how each injury happened, and keep all the records.

⏱ Time limits apply. Notice of the work injury to your employer is due within thirty days under Workers' Compensation Law § 18, and the comp claim within two years under § 28. A lawsuit against the landlord for the fall must be filed within three years under CPLR 214.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.