Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue my employer if I slipped on ice at work in New York?
Generally, New York workers’ compensation is the exclusive remedy against your employer, which means you cannot sue them directly for a workplace slip-and-fall. However, workers’ comp covers your medical bills and a portion of lost wages regardless of fault. If a third party — such as a property owner, a snow-removal contractor, or a product manufacturer — contributed to the hazard, you can pursue a separate personal injury lawsuit against them while still collecting workers’ comp.
What is a third-party claim, and how does it apply to icy workplace accidents?
A third-party claim is a personal injury lawsuit filed against someone other than your employer whose negligence caused or contributed to your injury. In icy-conditions cases, common third parties include the building or property owner who failed to clear ice under New York’s premises liability law, a snow-plowing or de-icing contractor who performed negligent work, or a municipality that allowed a public walkway to remain hazardous. Unlike workers’ comp, a successful third-party claim can recover full pain and suffering damages.
Does New York law require property owners to clear ice promptly?
Yes. Under New York common law and local ordinances — including New York City Administrative Code §16-123 — property owners and occupants have a duty to remove snow and ice within a reasonable time after a storm ends. Failure to do so can constitute negligence. Courts apply a “reasonable time” standard, and factors like temperature, foot traffic, and available resources all affect liability. Documenting the condition with photos and witness information immediately after a fall is critical to preserving your claim.
How long do I have to file a lawsuit after slipping on ice at work in NY?
For a personal injury claim against a private third party in New York, you have 3 years from the date of your injury under CPLR §214. If your claim involves a municipality — such as a city-owned sidewalk or building — you must file a Notice of Claim within 90 days of the incident, and the lawsuit must be filed within 1 year and 90 days. Missing either deadline can permanently bar your claim, so consulting an attorney as soon as possible after the accident is essential.