3rd Party Law Suits in New York State
Anytime an employee is injured in the course and scope of their
employment, their employer becomes liable for injuries and medical
treatment according to NY State Workmen Compensation Laws. In general,
the New York Workers Compensation Act provides a shield for employers,
providing liability caps for physical injuries, medical treatment, and
lost wages. However, because the Act does not require proof of employer
negligence, a greater number of employees qualify for recovery. Be
aware, 3rd party law suits in New York State are not subject to
liability caps set forth under the NY Comp. Act.
What is a 3rd Party Law Suits in New York State?
A viable 3rd party action is generally considered to be a cause of
action, based on wrongful conduct, against any person or organization
other than an employer. Wrongful conduct includes, general negligence,
gross recklessness, wanton disregard, and intentional acts which
proximately cause injury to another. Liability may also be established
by statute, known as strict liability, and includes responsibility for
all harm when engaged in inherently dangerous activities or activities
which implicitly promise a high degree of care owed to others.
The US Bankruptcy Code generously incorporates New York
State statutory laws into the administration of Chapter 7 liquidation, Chapter 13
plans,
and Chapter 11 reorganization cases. The application of State Law in
Federal Court is essential for resolving legal issues pertaining to the
ownership of property, debtor and creditor rights, employment law and
employee rights, enforcement of judgments, determinations of liability,
family obligations, and many more individual rights when dealing with
large corporations. Each year, as the State Legislature in Albany enacts
new statutes, or amends existing statutes, the ripple effect impacts all
New York citizens' rights in Federal Bankruptcy Court.
Amendments to New York State statutory laws frequently result in
procedural changes in the administration of
bankruptcy cases. In particular, the classification of assets within
schedules and
dischargeability of consumer debts may be affected. Be aware of the following recent
court decisions which interpret New York State statutory law and
bankruptcy procedures:
- Chapter 7 bankruptcy and Western District of NY Local Rules
incorporate new restrictions on filing based on means testing
(calculated based on statewide median income).
- New York State bankruptcy records are now available online, to the
public, through the PACER system.
- The Chapter 13 bankruptcy fee for low income, Bronx, New York
residents may be provided by local legal aid societies, but may not be
considered income by the court when calculating future disposable
income.
- Official bankruptcy forms for the State of New York are required
to avoid dismissal, yet the Clerk may also report non-conforming cases
in bankruptcy listings, New York City.
- The Southern District of NY Bankruptcy Court will be especially
vulnerable to new laws regarding income restrictions in Chapter 13 bankruptcy in New York State,
because of the adoption of statewide median income levels as a means
of measuring disposable income.
- When filing bankruptcy Albanu, NY Local Rules permit payment of
filing fees installments.
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Statutory Law information index.
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