do we have a lawsuit?

Question

my husband is "sub contracted" by my father, basically for tax reasons. He uses all my fathers equipment and does all my dads ***** work basically. he does not do anything on his own time and he does not have his own equipment. His employment was also not temporary. Well anyways while at work he was told to clean the windows so he got out one of my fathers ladder and on his way up the ladder had a big crack in it which cuased the ladder to give and my husband to fall. HE broke his neck and now he cannot work and we have no income. Is this a possible lawsuit? my father in law says he asked a laywer and they said it sounded like a case. If we do sue their company's insurance would they lose their buisness? how much would it affect them? what could we gain out of this? normally i wouldnt even consider doing this to my family but they have completely refused to help us with money, and fired him so we couldnt claim workers comp either. This happened in Williamson county, TN.

Answer 1

FYI:

Lawsuits like this happen all the time! Just because you sue someone doesn't mean you are enemies, ha ha. Family members sometimes have to sue each other to collect insurance. For example, what if you're visiting your mother one day and you fall down her stairs because the carpeting is improperly installed and you break your leg. Well, for you to collect insurance for your $100,000 medical bills, you have to sue your mother. In reality, you're suing your mom's insurance company.

This situation is much the same. You should definitely bring suit if possible. Try to make it friendly as possible. Tell your father it's really for insurance $$. Don't worry about his business. You'll find out how much the policy is worth when your attorney starts the discovery process in litigation. That way if the limit is $250,000, you can just sue for that amount and your father won't be in danger of losing anything.

I am not offering this as legal advice, however, this is my best guess and think you should contact the best lawyer you can find.

Hope this helps!

Answer 2

Think about the property that your husband was on when he fell, depending on the laws in TN, you may be able to file a claim against the property owner because the injury occurred on that property. Especially if it's your father that owns or rents the property. It sounds like you have a lawsuit, and your father has an attorney because he knows he is in trouble. How could your husband be a "sub-contractor" if he using your father's faulty equiptment? Ultimately, if your father is paying your husband to do work utilizing your father's equiptment, he has to have some coverage (either personal or business) that covers this, you just have to find it.

Oh yeah, and workers comp claims are filed based on the date of injury, not on the current date. So as long as your husband was legally employed on the date of the fall, you CAN claim workers' compensation. The tough part is that some states only require w/c insurance if there 3+ employees ONLY (which might have been that "tax purpose" your father was claiming) meaning if he is a "one-man company" he doesn't need to carry the coverage. Find out the rules on TN (I used to know but can't remember). If, by some unfortunate luck, that is the case with you then he has to state that he is "self-insured" a.k.a "is willing to pay any w/c related costs himself" and you can the sue your father personally for your loss.

I know you don't have any money, but you need to find an attorney to work with you on this. You have a case. You just have to find the route. Even if one attorney says you don't have a case, it may be that you DO have a case, but he doesn't want to put in the work to get the money for you, so don't give up easily.

Answer 3

Based on your description your husband worked for your father and was paid by your fathers company. Workers comp insurance is mandatory in all states except Texas so your fathers company most likely has a WC policy. If there is no policy then your fathers company may be in violation of state law (except in Texas) and you would have every right to sue for damages in civil court. If there is a WC policy then you have a clear workers comp claim. Also note that if there is any attempt to deny your husband of his rights under the WC policy it should be disclosed and using a Workers Comp attorney appears the best way to go. Remember, find an attorney who specializes in Workers Comp. There are plenty out there. The accident happened during employment so firing your husband does not relieve your father's company from their obligation under the WC policy. The amount of potential damage depends on the extent of your husband's injuries. And, yes without a WC policy any damages awarded in a civil suit could affect the stability of your father's company. But he knows that.

Answer 4

If a lawyer says you have a case, you probably have a case. It's difficult to answer fully because the terms of the contract between your father and your husband aren't very clear. But, my heart goes out to you. It sounds like a sticky situation. I hope it works out for the best.

Answer 5

There are a few details needed to accurately answer your question. How was your husband paid? Per hour, per job. Did he work an actual schedule or as needed? If he was labeled a sub contractor and had agreed to be a sub contractor then he was responsible for carrying his own liab insurance and worked at his own risk. There are alot of gray areas.

Answer 6

Yes! Get a lawyer and sue em big time!!!

Answer 7

WIth such an open and shut case, why won't they report it to their insurance carrier? I don't understand . . .