Can I sue if I worked under the table for a friend and was hurt in an accident?

Question

I was in an accident which happened in a grave quarry. 

I was the passenger in an old '57 Studabaker dump truck.

We lost the brakes in the truck approx. 100 yard down a steep hill exiting the pit. We could not down shift the truck and it began to run away. 

There was no runaway ramp or spot to ditch the truck and our only choice was to jump from the truck, which I did, hitting the road at approximately 35 mph. I received multiple abrasions to my legs, arms and back and have now a bad left knee which has been found to be a partial tear of a ligament and I can not work for the near future, per orthopedic doctor. 

The driver, a friend and coworker was killed as he jumped,(I believe), and was run over by the back tires of the truck. 

I was working under the table for my friend at this time. He has insurance on the truck and they are paying my medical bills. I would like to know if I have a case for a settlement or a lawsuit.

Christopher Earley · Answer

Yes you can.

Ronald A. Steinberg · Answer

Only if you can prove you were employed.

James Osak · Answer

You can sue  . . . but you'll have to PROVE your damages and that friend caused your injuries. The "income" may come into play later with the IRS.

Paul Samakow · Answer

The fact that you were "working under the table" has nothing to do with anything here.  Consult an attorney.

Stephen Lombardi · Answer

Answer: If you were "working under the table" that means you were cheating on your taxes and lying to the government. Do you want to admit to doing that and possibility going to prison?

Gary Platt · Answer

Absolutely you have a case, which is why the insurance company insuring the truck has been paying your bills. You need to consult a lawyer  immediately to handle this claim for you so you can obtain all the compensation to which you are entitled. Do not try to settle the case by  yourself.

Gregory Crain · Answer

The question is: Who do you think is responsible?

Gregory Casale · Answer

It certainly sounds like a good suit to me. Your friend's estate probably has an even better case which they should pursue as well as you.

Eric Scott Meadow · Answer

You likely have a case and should consult with a qualified lawyer to determine whether you have a worker compensation claim and/or a third party claim.

William Lindheim · Answer

If you were working at the time of the accident, you are entitled to workers' compensation benefits.

Paul Whitfield · Answer

Not completely clear. Your "friend" is the boss who paid you under the table and owned the truck and he has insurance on the truck? Is that all correct? I don't think it matters how you were paid. If your case is a proper worker comp case it is a proper case. if you were injured in the course and scope of your work you should be handled as a comp claim. What about your friends widow or family? Did they bring a death claim? They should have.

Andrew Velonis · Answer

I don't think that working under the table prohibits you from bringing an action.  However, that fact may limit your damages and hurt your credibiltiy.  If you claim loss of earning capacity, it will be hard to prove that you were earning money, because there will be no record of it.  Also, if the case goes before a jury, they will dislike you for not paying taxes on your income. That, in turn, will hurt your lawyer's negotiating position.

Dennis P. Mikko · Answer

You may have a claim for your injuries against the owner/driver of the truck.  To have a claim you would have to show you suffered a serous impairment of a bodily function, permanent serious disfigurement or death.  Your injuries appear to meet the threshold of a serious impairment of a bodily function.  Since you were a passenger in the truck the only question would be what was your knowledge of the truck when you got in.  If you knew the truck was in bad shape, there may be a partial defense of contributory negligence on your part as you put yourself in the dangerous situation.  You should have all of the facts reviewed by a personal injury attorney who can better advise as to any possible claims.

Bernard Huff · Answer

You should retain and consult with a plaintiff's accident or personal injury lawyer to get specific legal advice and direction regarding your right to seek a recovery for your injuries.

Mark Smith · Answer

It sounds like you are going to need a lawyer because the insurance company will try to settle the case for cheap money.

Timothy Klisz · Answer

Yes you can and I can help. As a passenger, you cannot be at fault.

David Stoddard · Answer

It is not clear. If he had more than 5 employees, you may have a workers compensation claim.  Since he probably has no workers compensation insurance, you are better off if you can sue him or the driver for negligence (the vehicle insurance will cover both).  However, there are limits to when you can sue your employer or coworker for negligence.  You need to have an attorney look into it.

Phong Thanh Tran · Answer

Yes.  You would treat this case like any other car accident case involving personal injury.  You should hire an attorney to help you with this matter.

John Brennan · Answer

You have a possible worker's comp claim. Call for an appointment and with full details.

Michael Lehner · Answer

Because you were working at the time of the accident you would normally be entitled to workers compensation benefits. If your employer purchased workers compensation insurance in compliance with the law he would be immune from tort liability as would your co-worker. In that event your compensation would be limited to the schedule provided for injured workers. If your employer did not provide workers compensation insurance he cannot claim the statutory immunity and you would have a tort claim against him and against the co-worker who was driving the car. The insurance on the vehicle would cover the drivers liability. You have not said who owned the car but if it is the employers car he may have liability for providing you a car which was not safe to operate. In addition, even though your employer did not provide workers compensation insurance you would nevertheless be entitled to workers benefits through the state sponsored program for non-complying employers.

Steven A. Schwartz · Answer

This is a bit tricky because you were "working under the table," which is illegal.  However, if the truck is paying your medical bills, this means they do not consider it a "worker's compensation" situation. Arguably, you are not an employee if you are not paid on the books.  In that case, you would be able to make a claim for your injuries.  You should contact an experienced personal injury attorney immediately for a free consultation.  There are time limitations to act, so you should call now.

Michael Heilmann · Answer

You have an excellent case as does the Estate of the individual that was killed. Each employer in Michigan must carry Worker's Compensation insurance on  Cash  employees as well as Check  employees. The failure to carry Worker's Compensation will make the employer responsible for all medical bills as well as the pain and suffering. We just settled a similar case for an employee who fell off a roof.

Matthew Kaplan · Answer

I am sorry to read about the loss of your friend.  My initial response is that yes you can sue. The real issue is does the insurance policy somehow preclude you from recovery because you were working at the time. Really only way to find out is have an attorney get a copy of the policy and review it.

David E. Frank · Answer

Yes, you probably do have a case.

Brett Rosenthal · Answer

You definitely have a claim against the driver and his insurance carrier.

Christopher Thayer · Answer

If you were an employee, then this most likely would be an L&I claim.  However, it sounds like at best you might have been an independent contractor.  You likely have a claim against the owner of the truck and/or the driver, especially if it can be shown that there was poor maintenance.  There may be other insurance available, or other potentially liable parties, depending on a variety of factors. You should consult with an experienced personal injury attorney in your area.

Irving Blank · Answer

You probably do unless you knew that the truck had defective equipment.  You would sue the driver and the insurance on the truck would cover the liability.

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