Injuries to your own workers
For employees hurt on the job, workers' compensation usually takes the place of a negligence lawsuit against the employer. In New York that protection generally extends to coworkers as well, so a careless colleague is usually not personally sued over an ordinary workplace injury. There are exceptions, including claims by outside companies seeking to share the cost with the employer after certain grave injuries. Construction is its own area, because New York's labor laws place safety duties on owners and contractors that go beyond ordinary negligence. Whether a worker was truly an employee or an independent contractor can change which rules apply.
Harm to customers and the public
When an employee's carelessness injures someone outside the business, the employer is often responsible if the employee was acting within the scope of the job. Claims can also be aimed at the business directly, for example for inadequate training, supervision, or hiring. Insurance is usually the first place to look, since general liability, auto, and professional policies each respond to different risks, and coverage disputes are common. Report the incident promptly to every carrier that might respond, because late notice can put coverage at risk. Preserve video, maintenance logs, and training records, and route internal fact-gathering through counsel so its purpose is clear.
Planning around the risk
Some of this exposure can be managed in advance through contracts. Indemnification clauses, additional-insured requirements, and insurance terms decide who bears the cost when a subcontractor or vendor causes harm, and New York limits how far some of those clauses can reach. After an incident, we review the contracts, the policies, and the facts to see where responsibility is likely to land. Before one, we can look at your agreements and workplace practices to see where the gaps sit. Either way, the aim is to understand your occupational liability before someone else defines it for you.
