QUESTION
Can I file a claim for personal injury following an accident while I was driving a company truck?
Asked on Sep 23rd, 2013 on Personal Injury - Missouri
More details to this question:
Workers Comp is working the claim now. The steer tire on my tractor blew out and truck went into a ditch and over turned. Tire on the front was a retread. I had a concussion from the accident and had 2 surgeries and have another in the works.
15 ANSWERS
Ronald A. Steinberg
If the tire was defective or was installed negligently, you could sue.
Answered on Sep 28th, 2013 at 4:02 AM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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Having a workers' compensation case in Idaho does not prevent you from pursuing a third party if that third party's negligence caused your injuries. Workers compensation does protect your employer and fellow employees from claims of negligence.
Answered on Sep 26th, 2013 at 5:09 AM
James Eugene Hasser
Your only claim against your employer is for comp. If you can find a third party to sue, such as the retread company and prove they were negligent, then you can sue them.
Answered on Sep 26th, 2013 at 5:03 AM
Under Workers' Compensation programs you are only barred from suing your employer and co-workers, but you can sue anyone else who was negligent. So yes, you can sue. Some attorneys handle both types of cases. The WC carrier will have a right to recover some or all of its payments from you or the third party. Basically you are suing for the additional amount to compensate you for full earnings lost and pain and suffering.
Answered on Sep 26th, 2013 at 4:57 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You already have a worker comp claim for those injuries. Are you asking if you can sue the boss for additional money? You must not care much for your job. How many bites at the apple do you think you are entitled to? You can't sue your boss. That is what comp is for.
Answered on Sep 25th, 2013 at 4:19 PM
Thomas Edward Gates
Your claim is only to workman's comp.
Answered on Sep 25th, 2013 at 12:59 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you will receive work comp for about 2/3 of your lost wage during the period of disability and your medical care should be paid for. Your companies No Fault insurer should pay the difference in wage loss between 85% of your lost gross wage and your work comp rate, and should also pay for any necessary replacement services. If there is some 3rd party, other than your employer/a co-employee, that was negligent (such as a tire refurbisher, etc.) you can file a pain and suffering case vs. them if you can prove their negligence (may require expert review/investigation/testimony) and that they proximately contributed to your incident. Contacting a local Michigan lawyer would probably make a lot of sense as you have several issues that can be looked into.
Answered on Sep 25th, 2013 at 12:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might be able to sue whoever sold the tire. I don't know how successful that will be and you may have to reimburse the worker's comp carrier for the medical bills it paid.
Answered on Sep 25th, 2013 at 11:47 AM
You could consider a suit against the tire manufacturer. Your only remedy against your employer is workers comp.
Answered on Sep 25th, 2013 at 10:48 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You would have to prove that the tire was defective. If you have an attorney on our workers comp claim, he/she might be able to evaluate whether there is a possible claim against the tire manufacturer or reseller.
Answered on Sep 25th, 2013 at 9:27 AM
School Law Attorney serving St. Louis, MO
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The Law Offices of Mark J. Dean
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You have a workers compensation claim which appears is in progress. (If you don't have an attorney for that, I strongly suggest you do as the normal 25% contingency will likely easily pay for itself many times over). As to a remedy beyond that, there is a possible products liability case though from your brief description it sounds like more of a lack maintenance on switching tires than the tire itself. Based on the limited facts you present, it sounds like your sole and exclusive remedy is workers compensation.
Answered on Sep 25th, 2013 at 9:09 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Only if there is someone other than your employer who can be held liable: does your employer do its own maintenance, or does it send out its trucks for repair? Investigation should be made as to who sold them that retread and the conditions under which such a retread can be used. It could be that you might be able to go after the seller of the retread and/or the company that does the retreading. You will need a lawyer for this. Also, check with a lawyer in your area as to whether you can get no-fault coverage on top of worker's comp.
Answered on Sep 25th, 2013 at 8:08 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Possibly against manufacturer of tire.
Answered on Sep 25th, 2013 at 7:54 AM
You could but a larger question looms. That question is, who would you sue? That's the primary question and one without a clear answer. In Iowa you would not be able to sue your employer although if there were evidence of gross negligence you could sue your supervisor or co-workers responsible for the defective equipment being in use. But that's a long shot and not one with a high rate of success. Now depending on where maintenance was performed you may have a claim against a contractor that maintained the vehicles for your employer. There is the remote possibility of a claim against the company performing the re treading, but again, that is remote. Not an easy case.
Answered on Sep 25th, 2013 at 7:48 AM
You definitely need to speak with a personal injury attorney.
Answered on Sep 25th, 2013 at 7:45 AM