self employed injury

[sg3307]

Texas. I am a self-employed artist who was injured at a client's residence. I was hired by a designer (for whom I frequently work). I filed a claim with my health insurance. However, because I was taken to the hospital by paramedics from the client's home, their report on how and where the injury occurred and their charges, along with the hospital and doctor charges, were submitted to my insurance company, which notified them that the injury did not happen at my residence and hence another party may be responsible. The benefits department in my husband's company (who carries my insurance) is now asking questions regarding the client's home owner's insurance policy, etc. since the accident didn't happen at my residence. I am not usually paid by the designer (since I am not his actual employee, even though he links me with the client), but by the client directly, so he doesn't carry workman's comp on me. (In this case, I have been paid by neither party for the work completed). I am also still injured and am continuing physical therapy (the injury was three months ago), and I have lost a considerable amount of work and wages. My questions is, if my insurance company refuses to pay my medical expenses since the accident occurred at another residence, who will they consider is the responsible party: the client or designer who hired me? (I would prefer that my own insurance pay the expenses, but I am not sure who is legally responsible for the charges if they do not pay.)
I answered a questionaire mailed to me by the benefits department of my husband's company (who carries the insurance policy). I stated that there was not any hazardous condition that contributed to the accident, but when the formed asked if it was a "slip or fall" I answered yes, since I was unaware of the legalese of this phrase. I meant that i "fell" off or stepped off a ladder and my foot went through an area of sheetrock between two beams. (This area actually was hazardous, since it was only partially floored. ) I don't want the homeowners to be responsible, since I was putting myself knowingly in a precarious situation, but I was actually put there by the designer who had hired me for the job. I'm just not sure how to handle this without it turning into a huge legal hassle...I would like to continue to work for the designer and would like to get paid for the work I had done on the job, but I also want to protect myself and have my medical expenses paid. I do not plan to try to collect on any jobs or wages I have lost since I have been out of work for three months (and will be for at least two more months), but I would like my medical expenses covered under SOMEONE'S insurance...any suggestions now to handle this? (The homeowner has not offered to file a claim with their homeowner's insurance company, or have either the homeowner or designer contacted me regarding the accident.)

 

[ALawyer]

Why have you been so focussed on the choice of who pays you for your injuries and who does not, rather than the critical issue -- how much will you be paid and what injuries will you recover for?

In this case there are, as you mentioned, numerous possible sources of recovery -- your spouse's health insurance only pays for the medical bills, and if the your spouse's employer's insurance company can recover what it pays out to doctors and hospitals from someone else (and hold down its own costs) it will do so, using its subrogation rights to stand in your shoes and sue anyone else responsible for your injuries.

But your injuries go far beyond the medical bills, and there may be permanent injury that will cause pain or decrease the ability to earn a living or enjoy life. And IF there is a condition that contributed to that, someone else may be responsible. On the other hand iif it was 100% your fault (and I do NOT think it was) only workers comp benefits may be applicable beyond the medical bills, and there would have to be a relationship that your state regards as the equivalent of employment.

You really owe it to yourself to speak with an attorney who handles personal injury matters NOW and have that attorney help you sort things out. The attorneys on AttorneyPages.com do not charge for an initial consultation and then usually take the case on a contingency basis.

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