My husband was in a serious accident. He was initially told that he would be a quadriplegic. He actually has tetraplegia. When the accident occurred, he fell 4-5 meter off a roof directly onto his head. His boss picked him up, put him in a van, and continued to work on the roof for the next 45 min-1 hour. In the meantime, my husband fell out of the van again (he could not move or feel anything at this point). 2 other workers placed him back in the van with the seatbelt. Husband did not receive medical care until nearly 3 hours after the accident. His boss did not have workers comp but the bosses boss does who filed a claim. Insurance is trying to deny the claim but has paid for Rx, therapy, and 1 helicopter transport bill. Idk if boss has any money or assets. Is it worth fighting for?
Take this case to another local attorney that handles workers compensation cases. North Carolina has a statute that requires a general contractor to pick up the coverage for the injuries of a subcontractor's employees. Somewhere up the construction contracting chain, there will be some coverage for your husband's serious injury. The subcontractor should also be prosecuted in a criminal court for reckless endangerment of your husband. You should discuss the facts of his case with your local district attorney. This case should be litigated, and the permanent partial disability claim should eventually get settled with the insurance carrier. Go get another experienced workers compensation attorney to handle this case.
It may be, and you won't know unless you try. Get a second opinion, and third. The worst they can say is "no". The initial consultation is free, so you don't have much to lose. Go consult another attorney.
DISCLAIMER The contents of this answer are for informational purposes only and are not intended to convey specific legal advice regarding any issues. Transmission of the information contained in this post or any posts linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Attorney Gilbert Fisher practices law only in California and does not seek to represent anyone in any other jurisdiction. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area. Readers take NOTICE: Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Attorney Gilbert Fisher is a debt relief agency under federal law. Attorney Gilbert Fisher helps people file for bankruptcy relief under the Bankruptcy Code.
He needs the best workers' comp lawyer he can get. He cannot sue his employer for negligence as his exclusive remedy is workers' compensation. He should pursue that claim aggressively. Even there is a problem with insurance coverage, he should still pursue it. The persons responsible for any failure to procure insurance are personally liable under NCGS 97-94. I have worked on a number of serious injury cases, and non-insured cases, and would be happy to discuss it with you.
This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.
Uninsured cases are sometimes difficult but should be pursued. I understand you have a workers compensation attorney but are asking about a personal injury claim. Those cases are hard to collect if there is no insurance. Has anyone done some checking to see what insurance may be on the risk as to third parties? He cannot sue his boss or employer but if other insurance like a general liability policy covers another person who is or may be responsible for damages then a claim could be pursued.
Another local workers compensation lawyer should be retained who can investigate any 3rd party claims in addition to the wc benefits. Avvo has a great lawyer finder tool to locate an attorney nearby. Good luck.
Your husband has two claims - one for Social Security Disability and the other for Workers' Compensation benefits. He needs to pursue both ASAP with the best lawyer he can find. If the injury was on a construction site, there may be insurance coverage via the general contractor or another entity. Do not wait.
Good luck, George
A third-party personal injury claim has unique challenges but should be explored in your case. Normally you cannot sure your employer when worker's compensation coverage is available. There is an exception for intentional acts (refereed to as a Woodson case). Given the second injury, falling from the van, and the potential damage done by withholding treatment, it is at least worth investigating. While these case can be difficult, they can be fruitful.
Either way, to pursue this claim you should speak with experienced local counsel who can work with this type of claim.
It is impossible to give specific answers to questions without fully discussing all potential issues issues in your case. The answers provided in this forum should be considered general information and are not a substitute for proper legal advice from an appropriately licensed attorney. Answering your question is not intended to create, and does not constitute, an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline