No. Because of the existence of the workers compensation law in New York State, an employee can not bring a claim against his employer or any other employee even if the employer or employee caused your injuries. However, if you are injured at a construction site and bring a claim against an owner or contractor or subcontractor who caused your injuries, they could bring a claim against your employer for the role your employer played in contributing to your injuries if you sustain a “grave injury”. A grave injury is defined as: death; permanent and total loss of use or amputation of an arm, leg, hand, or foot; loss of multiple fingers; loss of multiple toes; paraplegia or quadriplegia; total and permanent blindness; total and permanent deafness; loss of nose; loss of ear; permanent and severe facial disfigurement; loss of an index finger; or an acquired injury to the brain caused by an external physical force resulting in permanent total disability.
