In New York State one who is injured in the course of their employment, as a result of the negligence of a co-worker, is entitled to collect Workers’ Compensation benefits. However, because the injury occurred at work both the employer and negligent co-worker are immune from civil suit under Workers’ Compensation Law Section 29(6).
In many instances there is no viable defendant to sue for negligence when an injury has occurred at work. The injured party is therefore limited to the remedy under Workers’ Compensation Law which is very limited and cannot include compensation for pain and suffering.
If the injury was caused as a result of the negligence of someone other than the employer or co-worker than that other entity may be sued as defendant. When this situation occurs the injured worker is entitled to collect workers’ compensation benefits through his own employer’s carrier.