Do I Have a Personal Injury Case After Slipping at My Bartending Job in New York?

Attorney Answer

Because you were hurt while doing your job, this is very likely a workers' compensation case rather than a traditional personal injury lawsuit against your employer, and that is actually good news since workers' compensation does not require proving fault.

In New York, when an employee is injured on the job, the Workers' Compensation Law (WCL §§ 10-11) generally provides the exclusive remedy against your employer, meaning you typically cannot sue your employer directly for negligence, even if they were careless about safety, like failing to provide bar mats. Instead, in exchange for that limitation, you are entitled to workers' compensation benefits regardless of who was at fault, as long as the injury happened in the course of your job, which slipping behind the bar during your shift clearly does.

This means your path forward is a workers' compensation claim, not a lawsuit, and here is what to do:

1. Report the injury to your employer in writing immediately if you have not already done so clearly, including the date, time, and how it happened. New York law generally expects notice within 30 days of the accident (WCL § 18), so do not delay. 2. Get medical treatment right away and tell the provider it is a workplace injury. Ask if they are authorized to treat workers' compensation cases, since this affects billing. 3. File a claim with the New York Workers' Compensation Board (Form C-3, Employee Claim) as soon as possible. You generally have up to two years from the accident date to file (WCL § 28), but sooner is much better for both your medical care and any wage replacement. 4. Ask your employer for their workers' compensation insurance information. Most New York employers are legally required to carry this coverage. 5. Report the missing safety mats separately to OSHA if you would like. This will not get you compensation directly, but it can trigger a workplace safety inspection.

There is one important exception worth mentioning: if a third party who is not your employer or a coworker contributed to the hazard, for example a maintenance contractor or an equipment supplier, you might have a separate personal injury claim against that third party in addition to your workers' comp benefits. Based on what you have described, that does not appear to apply here, but a lawyer can double check.

This is general legal information and not legal advice. A local New York workers' compensation attorney can review your specific situation, often for free on a contingency basis, and make sure you get the full benefits you are entitled to.