I won a trip to Mexico - an incentive trip to my boss' home outside of Cancun. He owns the company and it's privately held. We took out a boat and hit a wave - I fell back and injured my back whereby I could not move. They bought the boat to shore and my boss' workers put me in a van flat on my back and took me about an hour away where an ambulance met me and transported me to Cancun. I was in hospital for one week and my boss paid for me to be airlifted home. I recouped at home and was flat on my back for months. I have sustained long term damage to my back and experience pain every day. I am back at work full time but I worry about the long term effects, and if I ever got laid off. Do I have any recourse here?
Are you saying you want to pursue a claim against the boat driver for injuring you? I see no recourse against your employer, per se. I find it hard to imagine that you will have a claim against the boat operator unless you can demonstrate some sort of negligence on his/her behalf. What did the operator do wrong? If nothing, I think you have nowhere to go.
Good luck with your back.
I am licensed to practice the law of California and the U.S.A. It appears to me that your recourse in the courts of the U.S.M. where human life has little value. But, maybe the terms of contract and/or insurance may give your rights in California or under Califonria law. I wish you well.
I suggest that you immediately contact a workers compensation attorney in your area. This injury may be compensable under workers compensation and you need to discuss the details with an attorney as soon as possible. You may also have a claim against the boat owner and/or driver. Do not delay in speaking with an attorney.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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