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If a contract worker is hired to remove school furniture like desks, tables, and file cabinets, and breaks two toes, WHO PAYS!

Washington, DC |

Was hired a a contract worker for two weeks to remove school furniture. A file cabinet fell on on foot and broke two toes and my employer thinks I should pay for my own hospital bills. I asked her if she had insurance for her workers and she has ignored the question. It has been 9 weeks now and my toes are still broken and don't know who is going to pay for my workers compensation, surgery, or the medicine.Is she liable for something?

Can I file an injury claim, and workers compensation?

Attorney Answers 2

Posted

The procedures for commencing a workers' compensation claim in the District of Columbia are found on the link below, and they apply to both insured and uninsured employers (there is a secondary public fund which is available to cover injured employees when the employer is not insured). Be careful when describing yourself as a "contract employee" so that you do not create the impression you are an independent contractor responsible for your own EC coverage. If you were paid by the hour and had no control over when and where or how you performed your duties (in other words, someone else instructed and supervised your work and told you what to do), then you are not an independent contractor and must be covered by WC insurance.
Here's the link: http://does.dc.gov/page/workers-compensation-does
Many employees hire an attorney to file these claims for them, but you can certainly start the process on your own.

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Posted

If this is not a WC case that you may not have a claim against the person who hired you

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