Can I bring a claim against my employer if I am injured while riding a company-owned motorcycle?
Yes, you can bring a claim against your employer if you are injured while riding a company-owned motorcycle in New York. This is a type of claim called a “third-party negligence” claim. In such a claim, the employer is held liable for your injuries because they were responsible for maintaining the safety of the motorcycle. In New York, when an employer owns or leases a vehicle, such as a motorcycle, they must maintain it in a safe condition. This includes regular inspections and maintenance. If the employer fails to do so, and you are injured as a result, then they may be held liable for your injuries. You would need to show that the employer was negligent in their maintenance of the motorcycle, and that their negligence was the cause of your injuries. In determining negligence, the courts will consider both the employer’s actions and the circumstances leading up to the incident. It is important to note that in New York, an employee cannot bring a worker’s compensation claim against their employer if they are injured while riding a company-owned motorcycle. However, they can still bring a third-party negligence claim for their medical expenses, lost wages, pain and suffering, and other damages.
Related FAQs
What type of compensation can I receive if my motorcycle is damaged in an accident?What is the difference between a motorcycle accident injury claim and a wrongful death claim?
What is the statute of limitations for filing a motorcycle accident claim?
What kind of medical care do I need to receive after a motorcycle accident?
Can I be compensated for mental anguish caused by a motorcycle accident?
What types of evidence do I need to prove negligence in a motorcycle accident claim?
What should I do if the other driver involved in my motorcycle accident denies fault?
What should I do if the police don’t get involved in my motorcycle accident?
Should I accept the first settlement offer from the insurance company for my motorcycle accident claim?
How can I prove that my injuries were caused by the motorcycle accident?
Related Blog Posts
Understanding Your Rights After a Motorcycle Accident - July 31, 2023Motorcycle Accident Laws You Need to Know - August 7, 2023
What You Need to Do Immediately After a Motorcycle Accident - August 14, 2023
Negotiating with Insurers After a Motorcycle Accident - August 21, 2023
How to Obtain Motorcycle Accident Law Compensation - August 28, 2023