By reinstating a suit on behalf of a maintenance man William Bautista aged 43, the attorneys from Sullivan Papain Block McGrath & Cannavo, P.C. have made sure the doctrine of “special employment” has earned a considerable and important victory.
A background review is however necessary to completely understand the doctrine and its implications. If a person is injured by another, he or she has a right to claim damages related to mental suffering, physical injuries, economic losses, etc. A fair compensation is usually anticipated by the affected.
However, a person injured during work or employment in the city of New York has to go through complicated procedures. For example, if a person is injured during employment, he is eligible for immediate worker’s compensation for which he or she does not have to prove they were injured on the job. The catch lies in the fact that this compensation is negligible compared to what they can get through a lawsuit.
Worker’s compensation provides the injured workers with compensation for medical expenses and a part of their salary loss. The emotional trauma, physical suffering and pain are not compensated in any way.
Workers can however sue third persons working for other companies and related to their company, if they are a cause for injury as was the case with William Bautista. Injured while painting a staircase, William claimed protection and equipment provided was not adequate and sued the managing agent. Having initially been dismissed on grounds that he was Mr.Bautista’s ‘special employer’, he was awarded justice with the efforts of the lawyers from Sullivan Papain Block McGrath & Cannavo, P.C.
