It makes no difference. New York's Workers’ Compensation system is a “no-fault” system. The cause of your accident is not even considered a factor in the case. It does not matter whether you caused the accident, or it was due to the negligence of someone else. [This is the opposite of a
personal injury lawsuit, where negligence is one of the central elements of the claim. Even if your injury was your own fault, you are still entitled to the same benefits as everyone else.
There are some very limited exceptions to this rule, which will be discussed with you if it becomes relevant.] In fact, in many cases a person can receive benefits even if there is no explanation for the cause of the injury, as long as the accident occurred at the workplace.
If you choose to accept Workers’ Compensation Benefits you can not sue your employer.
However . . . If you are involved in a motor vehicle accident with another car you might be able to file a lawsuit with the driver of the other car.
We frequently represent Workers' Compensation cases in Long Island New York (NY) including, Albertson, Bethpage, Dix Hills, Elmwood,Huntington, Huntington Station, Levittown, Westbury, South Huntington, Hicksville, Bayville, Glenncove, Merrick, Bellmore, Syossett, Jericho, Plainview, Roslyn, Roslyn Heights, Deer Park, Glenn Head, New Hyde Park, Manhasset, Farmingdale, Hauppague, Patchague, Deer Park, east Meadow, Mellville. In Queens we often help people in Flushing, Jamaica, Douglaston, Long Island City