QUESTION
Can I sue them for my injury they don’t give me a compensation insurance?
Asked on Jun 22nd, 2013 on Personal Injury - Iowa
More details to this question:
I was working for a company, they knew i had a bad back already, and had me do work that has permanently destroyed my back. They had me down as a sub-contractor, and had no workmans' comp insurance. Can I still sue them for my injuries?
12 ANSWERS
Ronald A. Steinberg
No. An employer is responsible for injuries that occur to employees while in the course and scope of their employment. If you were not an employee, you are out of luck. You may want to talk to a workers comp specialist to determine whether or not you were truly an independent contractor. Sometimes people will call you that to avoid expenses for employees, but if they direct every part of your work day, you may still be an employee, despite what they call you.
Answered on Jun 27th, 2013 at 4:03 PM
You can sue them. If it is determined that they wrongfully failed to list you under their workers compensation policy, you will really have a good case against them.
Answered on Jun 25th, 2013 at 4:22 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan it is possible to sue a company that was not your employer, if they were negligent in causing you injury. You should discuss this with a local Michigan lawyer who regularly handles on the job injury cases. Of course, just because they say they aren't your employer, doesn't mean their insurer, if they have one, won't claim that the company really was your employer and can't be sued - of course, if that argument is successful, and they are found to be your employer, then they would owe your worker's compensation (and there can be penalties and sanctions if they didn't carry wc insurance and were legally required to do so).
Answered on Jun 25th, 2013 at 9:40 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can probably file a workers compensation claim. Even if you are a sub-contractor, you are probably covered by the general contractor's insurance.
Answered on Jun 25th, 2013 at 9:40 AM
Lisa Hurtado McDonnell
Ofcourse you can try but it wouldn't be easy or a sure thing. The burden of proof will be on you and you will probably have to pay all court cost and expert witness and attorneys fees.
Answered on Jun 24th, 2013 at 9:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may be able to sue them. if you were in fact a sub(and if you can prove it). destroy is a pretty strong word. I doubt your back is destroyed. You had a bad back. You went to work for someone who made you work hard, and so it is their fault that your back is now further injured? Really? That may not fly in court.
Answered on Jun 24th, 2013 at 5:56 PM
You may be an employee depending on more than 20 factors that differentiate an employee from an independent contractor.
Answered on Jun 24th, 2013 at 5:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on your status as a true subcontractor, in which case you do not have any benefits or Worker's Compensation, or if you are actually an employee.
Answered on Jun 24th, 2013 at 5:56 PM
James Eugene Hasser
You certainly may be able to. Talk to a personal injury lawyer familiar with personal injury law.
Answered on Jun 24th, 2013 at 5:55 PM
Thomas Edward Gates
It is unlikely you will prevail. You knew what the requirements of the job were when and, you knew the condition of your back; yet you decided to take the job. In spite of your back, you elected to continue to work there. As for the benefits, again you knew up front what was being offered and, again you took the job.
Answered on Jun 24th, 2013 at 1:28 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You knew you had a bad back already and then you did work that permanently destroyed your back while you were working as a subcontractor. You don't give any indication that the company was negligent.
Answered on Jun 24th, 2013 at 12:23 PM
In Iowa you can sue an employer that doesn't carry workers' compensation insurance.
Answered on Jun 24th, 2013 at 12:11 PM