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Jackiec01 · Apr 23, 2008, 12:46 PM

I was injured at work. A box truck hit me on the site. The company has claimed resposeability of the driver. It is treated as a vechicle accident. I have a LLC and no workman's comp. Should the company the driver worked for be liable ,for my workman comp ,or the company I worked for? I am self empolyed. I have beeen out of work for a year and a half, because of back enjury. :confused:

Thanks

Edible · Apr 23, 2008, 12:49 PM

Sue. If they have already clamied resposeability you will win no doubt.

Jackiec01 · Apr 23, 2008, 01:29 PM

We are sueing, meanwhile no income. Florida...

Fr_Chuck · Apr 23, 2008, 02:24 PM

First if you are self employed, do you have workers comp insurance that you purchased for yourself employed company? If you are not an employee of a company but working for them as a self employed contractor their workers comp will not be liable.

If you were hit by a truck, then the company that owns that truck and/or the driver of that truck should be the liable party. You may try to include the company that owned the property but you will have to show that some how they are liable.

JudyKayTee · Apr 23, 2008, 03:19 PM

Originally Posted by Fr_Chuck

First if you are self employed, do you have workers comp insurance that you purchased for your self employed company ?? If you are not an employee of a company but working for them as a self employed contractor thier workers comp will not be liable.

If you were hit by a truck, then the company that owns that truck and/or the driver of that truck should be the liable party. You may try to include the company that owned the property but you will have to show that some how they are liable.

I just HATE it when FrChuck beats me to the punch with the same info I was going to post!

This is a motor vehicle accident, not workers comp - unless you carried your own workers comp.

Fr_Chuck · Apr 23, 2008, 03:25 PM

Sorry Judy, it is surpising how many self employed people don't carry liablity insurance, workers comp insurance and their own private health insurance and wonder why things don't work like it does for a larger company. No picking on the poster here.

twinkiedooter · Apr 23, 2008, 03:52 PM

You need to retain an attorney to sue them properly so you are not tempted to settle for less just to have some money and miss the boat.

Jackiec01 · Apr 23, 2008, 05:38 PM

Thanks for the info. This was on a job site unloading the truck .When this big box truck hit a pickup then hit my husband throwing him under the front wheels, then hitting our truck.
Thank God he is still alive.

JudyKayTee · Apr 24, 2008, 05:17 AM

Originally Posted by Jackiec01

Thanks for the info. This was on a job site unloading the truck .When this big box truck hit a pickup then hit my husband throwing him under the front wheels, then hitting our truck.
Thank God he is still alive.

I appreciate that you are without income right now and struggling but as you said, thank goodness he's alive and it doesn't look like there's much of a question about who was responsible for the accident.

An Attorney will put you on the right path.

When all the dust settles your husband really should get his own Workers Comp and liability insurance - it takes a lot of the worry out of being self employed. It's not "cheap," of course, but if you ever get injured or sued, it's well worth it.