i was a pedestrian on job location.co worker is underinsured. auto ins. company says they will not pay out because i am on workers comp.I don't understand the reasoning. I pay for the insurance whats the deal?
2006-09-28 15:52:00 · 5 answers · asked by fallofbull 1 in Politics & Government ➔ Law & Ethics
If you are suing without a lawyer, good luck.
If you have a lawyer, why aren't you asking him/her?
Normally, workers' comp only applies to the employer's liability and prevents you from suing the company. It should cover everything but pain and suffering, and may cover some of that.
Whether you can go after the co-worker depends on whether you are in a "no-fault" state or not, and if you are, whether there was more than ordinary negligence involved.
You may also be in a state in which you will have to pay the WC insurer back if you win anything in the lawsuit, so it may not be worth suing (to you, that is).
2006-09-28 16:12:18 · answer #1 · answered by thylawyer 7 · 0⤊ 0⤋
No both can not pay, you can recieve pay from the auto insurnace to pay for damges and loss of income or medical bills.
If you are already getting those paid, you have no clain with the other.
It is the same with your hospital insurance, they won't pay the doctor bills if it is a workers comp injury
2006-09-28 15:58:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
are you able to? particular. Will you win? Doubt it, yet possibly. One question is: you have witnesses who've considered threats of violence. became the *corporation* conscious of them? might a real looking guy or woman have predicted the corporation to word? Did the corporation do (or fail to do) some thing that a real looking guy or woman might have achieved to think of or ward off it? Upon being hit, became the co-worker disciplined and/or fired? And did you go through truthfully harm because of the fact of that failure? are you able to sue the co-worker? How lots harm became achieved? Did you may desire to bypass get scientific look after it? Did you record a police checklist approximately it / became the co-worker arrested? To get a style of the respond of in case you may desire to win, you will desire to look for suggestion from a powerfuble attorney on your jurisdiction. it would ask your self me if a attorney might take your case on contingency (i.e. artwork on your behalf awaiting a shrink of any award instead of money up front,) yet not impossible. And if what you're advertising corporation is of any length, bear in strategies they have extra funds than you do to preserve it - and so does their coverage. finally, whistleblower or no, are you waiting to stand legally-justifiable retaliation for submitting tournament against what you're advertising corporation? think of roughly it. yet stable luck!
2016-10-18 04:18:17 · answer #3 · answered by oleyar 4 · 0⤊ 0⤋
Under insured drivers do have some insurance. Do get an attorney. You will have to pay that cost, but they will get what they can for you. If this occurred on company property, they may have to pay up also.
2006-09-28 15:59:18 · answer #4 · answered by Answergirl 5 · 0⤊ 0⤋
Get a lawyer, they never take anything upfrount. Your lawyer will get every cent they can. They will take a chunk, but it will be more than you would get without one.
2006-09-28 15:54:57 · answer #5 · answered by divinestine 2 · 0⤊ 0⤋