QUESTION

Can I sue my employers business insurance for my medical and pain and suffering?

Asked on Oct 28th, 2012 on Labor and Employment - Florida
More details to this question:
Was injure on a job and got 2nd degree burn because my boss put a flammable liquid down and place caught on fire. He does not have workers comp but have business insurance.
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6 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can sue your boss, but it is doubtful that the injury which you sustained would be covered by his general liability insurance. You are entitled to workers compensation and you can bring an action for your benefits which will have to be paid for individually I your employer or boss personally.
Answered on Nov 01st, 2012 at 12:56 AM

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You may not sue your employer for an on the job injury. You may still file a claim with the Workers Comp board, and they will require him to pay your expenses, even if He does not have workers comp insurance. An employer may not escape liability by merely ignoring their requirement to be insured. Many comp attorneys work on a percentage of the recovery, which is usually paid by the employer, on top of the damages awarded. You should consult with a comp attorney immediately. But, no, you may not sue your employer. The employer's business insurance likely does not cover damages that should be paid by workers comp.
Answered on Oct 31st, 2012 at 11:45 PM

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Administrative Law Attorney serving Sherwood, OR
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The exclusive remedy for work place injuries is workers compensation. You should file a workers compensation claim.
Answered on Oct 31st, 2012 at 5:23 AM

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Steven Lee Miller
You might be able to. You can still file a workers comp claim even though he did not have workers comp insurance. The state of CA has an uninsured employers fund, for those that work for employers with no insurance. You should immediately seek the services of a workers comp attorney to bring that claim, and also a personal injury attorney for the negligence of your employer as well.
Answered on Oct 31st, 2012 at 5:20 AM

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If he does not have workers' comp, generally speaking, you can sue him for negligence. You sue the company, not the insurance company. The insurance may pay, although the policy could have an exclusion for work related injuries to employees, in which case the company itself would have to pay.
Answered on Oct 31st, 2012 at 5:13 AM

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Employment & Labor Attorney serving Weston, FL at Behren Law Firm
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I believe you can sue your employer for on the job injuries if they don't carry workers compensation insurance.
Answered on Oct 31st, 2012 at 5:12 AM

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