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.
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