Bluestonelawfirm iconBluestonelawfirmSep 18, 2026 ~1 min source read

The Workers’ Compensation and Personal Injury Problem

2026 NY Slip Op 05330 September 16, 2026 Appellate Division, Second Department illustrates a very common legal malpractice issue that comes up in the personal injury area. That attorney either explicitly or implicitly tells the client that it does WC work only and will not bring a 3d party action against the landowner, or the building owner, or, in this case, other construction parties.

The Workers’ Compensation and Personal Injury Problem

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2026 NY Slip Op 05330 September 16, 2026 Appellate Division, Second Department illustrates a very common legal malpractice issue that comes up in the personal injury area.

That attorney either explicitly or implicitly tells the client that it does WC work only and will not bring a 3d party action against the landowner, or the building owner, or, in this case, other...

The 3d party personal injury action is not brought and a legal malpractice case ensues.

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2026 NY Slip Op 05330 September 16, 2026 Appellate Division, Second Department illustrates a very common legal malpractice issue that comes up in the personal injury area. That attorney either explicitly or implicitly tells the client that it does WC work only and will not bring a 3d party action against the landowner, or the building owner, or, in this case, other construction parties. The 3d party personal injury action is not brought and a legal malpractice case ensues.

How it works

  • Plaintiff is injured at work and hires a workers' compensation attorney.
  • The cases are often lost when only the WC lawfirm is in the caption, and as here, also lost when there is a PI lawyer who is in/not in the case.
  • Ugalde, and Tadeusz Rzonca pursuant to CPLR 3211(a) to dismiss the amended complaint insofar as asserted against them.

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