For many service workers, consultants, and delivery personnel, the job doesn’t always take place at an office or worksite controlled by their employer. You might spend much of your day at client properties, making deliveries, fixing equipment, or consulting. But what happens if you’re injured while working at one of these outside locations?
If you suffer an injury at a client’s property in New York, you may have more options than you realize. It’s important to understand your rights and take the right steps to protect yourself.
Responsibility of the Property Owner
Under New York law, property owners have a legal responsibility to maintain reasonably safe conditions for all lawful visitors, including workers who are on their property to perform a service. This responsibility falls under the concept of premises liability.
If you were injured because of a dangerous condition—such as a wet floor without a warning sign, poor lighting, broken stairs, or other hazards—the property owner may be liable for your injuries, even though you were there in a work capacity.
How These Cases Are Handled Legally
Injuries like this are typically handled through what’s known as a third-party claim. While you may still be eligible for workers’ compensation benefits through your employer, you can also pursue a separate legal action against the property owner for their negligence.
This third-party claim can help you recover additional compensation that workers’ comp does not provide, such as pain and suffering, full lost wages, and other damages.
Proving a third-party claim requires showing that the property owner was negligent and that their negligence caused your injury. This is why collecting evidence is so important right after the incident.
Evidence to Preserve
If you’re injured at a client’s site, try to take these steps as soon as possible:
- Take photos of the hazard or area where you were hurt.
- Request an incident report from the client or property manager and keep a copy.
- Get witness contact information, including phone numbers and email addresses.
- Seek medical attention immediately and document all treatments.
The more evidence you preserve early on, the stronger your claim will be.
Working with an Attorney
Workplace injuries that happen off your employer’s property can become complicated quickly. An experienced attorney can help you navigate both your workers’ compensation case and any third-party negligence claim against the client.
At Gash & Associates, P.C., we are ready to help injured workers in White Plains and throughout New York pursue every available source of compensation. If you’ve been hurt while working at a client’s property, don’t wait to seek legal advice. Call us at (914) 328-8800 for a consultation.
Frequently Asked Questions
Who is responsible if I’m injured at a client’s site?
Both the property owner and your employer may bear some responsibility, depending on the situation. You may have claims against both.
Can I still file workers’ comp?
Yes. Workers’ compensation should still cover your medical bills and part of your lost wages, even if the injury happened offsite.
Do I need to prove negligence?
To win a third-party claim against the property owner, yes. You’ll need to show that they failed to maintain a safe environment and that their negligence caused your injury.
