Anybody in New York State who is injured while working is entitled by law to collect worker compensation. And that’s regardless of how the accident happen and regardless of who’s fault the accident was. There entitle to collect that from their employer. There are certain circumstances where in addition to collecting workers compensation the injured person can also start another action against another person or another entity that may have been responsible for what happen to them.
So for example, you have someone who is employed driving a car… let’s say they were working for UPS driving a UPS truck or working for some other company driving a car. Now lets say while driving that car, another car runs threw a red light and strikes them and as a result they get injured. The person driving that UPS truck will be entitled to get workers compensation from their employer regardless how the accident happen, or regardless of who fault it was. But in addition to collecting workers comp from UPS for that because the person was employed at the time of the incident. They also have a right to sue the other entity, the person driving that other car through that red light, and the owner of that vehicle for any damage that person sustain as a result of that incident.
That’s a classical example of somebody who is is employed can collect at the same time workers compensation and can also bring a lawsuit against the entity or the person the person that was responsible for what happen to them.