QUESTION
If one had injury working on employer land, using employer tools and under employer instructions is the employer liable for medical cost?
Asked on Feb 26th, 2014 on Labor and Employment - New York
15 ANSWERS
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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You might want to hire a workers compensation lawyer.
Answered on Mar 03rd, 2014 at 5:03 PM
Edwin K. Niles
Yes, see a workers comp lawyer.
Answered on Mar 03rd, 2014 at 4:48 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes. That's what worker's compensation insurance is all about.
Answered on Feb 28th, 2014 at 9:42 PM
Thomas Edward Gates
Those are not the right questions. First, you must show that the employer had a duty to the worker. If, so did the employer breach his duty. But for the breach, the worker would not been injured. Was he covered under workman's compensation?
Answered on Feb 28th, 2014 at 9:40 PM
3 Awards
Probably. It depends on whether your injury "arose out of and in the course of your employment", and also on whether your employer is covered by the Work Compensation Act.
Answered on Feb 28th, 2014 at 9:40 PM
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Feb 28th, 2014 at 9:39 PM
James Eugene Hasser
If the employer is subject to the Workers Compensation Act. The employer is responsible for the medical bills under the Compensation Act. If the Comp Act doesn't apply, the employer could still be liable. Consider consulting an experienced comp lawyer.
Answered on Feb 28th, 2014 at 9:38 PM
Usually. Make a worker's compensation claim.
Answered on Feb 28th, 2014 at 9:38 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes if it us true employment you have a claim for workers compensation.
Answered on Feb 28th, 2014 at 9:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is a possible worker's compensation action.
Answered on Feb 28th, 2014 at 9:37 PM
Yes, employer is liable, but the sole remedy for an on the job injury is a workers compensation claim. Negligence is not an issue in a workers compensation claim. If you were not an employee, then the employer is liable only if they were negligent. You should consult with a personal injury attorney. Most do not charge just to talk and evaluate your case.
Answered on Feb 28th, 2014 at 9:36 PM
Ronald A. Steinberg
If you were an employee, and were injured during the course and scope of the employment, that is a workers compensation case. You are entitled to have all the medical bills paid, and to be compensated for the lost wages while recuperating.
Answered on Feb 28th, 2014 at 9:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is always were you in the course and scope of your employment at the time or were you working on a private piece of work for the boss on the side.
Answered on Feb 28th, 2014 at 9:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If an employee, worker's compensation is the only remedy. If an independent contractor, you will still have to prove that the employer was negligent. If you were negligent, you probably don't have much of a case. In the latter case, you need to talk with a local personal injury attorney about the details.
Answered on Feb 28th, 2014 at 9:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes. That's what worker's compensation insurance is for.
Answered on Feb 28th, 2014 at 9:29 PM