I was hurt at work while workers demolished tile and 1 piece exploded and was embedded in my leg. My employer forced me to work an additional 5 hours. Then I went to the ER, I had shrapnel removed, stitches, and now a scar that puffs out the size of a strawberry on the front of my leg due to tissue damage a dr said. The employer has no workers comp insurance, nor did they offer to pay, but acknowledged the fault was there own. I have pictures, a email from the owner, a witness statement, and I had sent my own workers comp claim in and it came back saying they had no workers comp insurance "This is the result of the investigation". My question is can I sue them for damages, pain & suffering, or negligence.
Workers' Compensation Lawyer
If the tile workers were Contractors, you may be able to sue them. If the tile workers were Employees, you will most likely be able to sue your Employer in Civil Court for Negligence if he did not have WC Insurance.
We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
To add to Mr. Corson's response, if your employer was a subcontractor under a general contractor, you may be able to pursue a workers comp claim against the general contractor's carrier. Consult with an attorney who handles both work comp claims and personal injury claims.
Legal disclaimer: Legal analysis is for general information, based upon the limited facts provided. Comments are not intended to constitute binding legal advice. There is no attorney-client relationship formed as a result of this communication. The response provided shall not be relied upon as legal advice from the responding attorney and it is based solely upon the limited facts being provided to the responding attorney by the person posing the question. To the extent additional or different facts may exist, the response provided by the responding attorney might change. Responding attorney is licensed to practice law only in the State of Florida. As such, the response provided is based solely upon Florida law unless otherwise herein stated. If you find this information helpful, please check the "Up" arrow box below. If you wish to discuss your question(s), the response provided, or hiring me in a confidential setting, call (813) 413-8700.
I agree with both answers. Your employer could have personal liability for failing to carry workers comp insurance so talk to a firm that does both personal injury and worlers compensation cases
If your employer did not secure workers' compensation insurance, you can sue them for pain and suffering if they were negligent. Keep in mind, you need to prove negligence. Your employer is only required to have workers' compensation insurance if they have at least 4 employees, unless they are in the construction industry, which requires all employers to have coverage. If your employer was not at all negligent, and should have had workers' compensation coverage, you can pursue a workers' compensation case directly against them.
Car / Auto Accident Lawyer
Why does your employer not have workers comp. who was individual working for that caused your injury work for? Of he works for seine other then your employer you can go after that employers insurance to pay your medical bills and for your scarring. Good luck.
Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our homepage at www.LigoriCappyLaw.com. Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Often times the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Ligori strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. If you are interested with talking to Keith Ligori and asking him more detail questions about your crash or situation feel free to call him any time. We forward our office phones to Mr. Ligori's cell phone at nights and weekends so his clients or potential clients can contact him about your case. To learn more about Attorney Keith Ligori, please call our firm toll free at 888.254.7119 or visit www.keithligorilaw.com
Workers' Compensation Lawyer
Report your employer to your state attorney general and to a fraud unit at your state's DWC. You can usually sue them but the problem is collecting the judgement as no liability coverage will cover what should have been covered under a WC policy.