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12-01-2008, 03:17 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 6
| | | Coworker broke my leg
What is the name of your state (only U.S. law)? VA
My boss threw a big Thanksgiving lunch/dinner for everybody last Wednesday and served booze. After I left the party I sat in my car in the parking lot for a few moments when suddenly my driver side door was struck by another car. Turns out my coworker who had been drinking too much hit my car. I had to be taken to the hospital because my leg was broken. It also turns out my coworker has no insurance. Can I force my boss to pay for my medical bills? |
12-01-2008, 03:21 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | | You need an attorney -
But, why can't YOUR insurance cover the med. bills?
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12-01-2008, 03:25 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 71,467
| | Quote:
Originally Posted by jimbeam  What is the name of your state (only U.S. law)? VA
My boss threw a big Thanksgiving lunch/dinner for everybody last Wednesday and served booze. After I left the party I sat in my car in the parking lot for a few moments when suddenly my driver side door was struck by another car. Turns out my coworker who had been drinking too much hit my car. I had to be taken to the hospital because my leg was broken. It also turns out my coworker has no insurance. Can I force my boss to pay for my medical bills? | **A: how much were you drinking and are you still drunk? Why did you not file a report with your insurance carrier? Why would your boss be responsible? |
12-01-2008, 03:33 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 6
| | | To zigner and homeguru: My insurance policy doesn't cover my injuries just injuries I cause other people.
My boss supplied the booze and the party was at the office. Doesn't that mean he's liable? |
12-01-2008, 03:53 PM
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Posts: 14,220
| | Quote:
Originally Posted by jimbeam To zigner and homeguru: My insurance policy doesn't cover my injuries just injuries I cause other people. | You need better insurance.
You would sue the person who hit you. You might also try suing your boss...but don't expect to have a job after that.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
12-01-2008, 04:06 PM
| | Junior Member | | Join Date: Dec 2008
Posts: 6
| | | If I could afford it I'd have a billion dollar policy that covered everybody (including myself) and everything. I'm not that rich yet, so I only have the state's minimum at this time.
Somebody told me that my boss can't take revenge by firing me if I file a worker's comp claim. Is that true? |
12-01-2008, 04:22 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | He cannot fire you BECAUSE you file a workers comp claim.
However, if you bypass workers comp and try to sue him for your medical costs, that's a different story. He is not liable for the fact that you chose to sit in the parking lot or that your co-worker doesn't know when to quit. The fact that he threw the party doesn't make him automatically liable. |
12-01-2008, 04:23 PM
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Posts: 14,220
| | Quote:
Originally Posted by jimbeam If I could afford it I'd have a billion dollar policy that covered everybody (including myself) and everything. I'm not that rich yet, so I only have the state's minimum at this time.
Somebody told me that my boss can't take revenge by firing me if I file a worker's comp claim. Is that true? | Ahhh, so all that savings you've had is now enough to pay for your injuries out of pocket, right? 
Face it, you were underinsured...and NOW you are feeling the effects.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
12-01-2008, 04:24 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | Quote:
Originally Posted by cbg He cannot fire you BECAUSE you file a workers comp claim. | There is nothing posted that would make us believe this would be a WC case in the first place 
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
12-01-2008, 04:32 PM
| | Senior Member | | Join Date: Mar 2006
Posts: 5,018
| | | This is not a worker's comp claim. However, your boss may have some responsibility. This is the time of year where our negligence carriers send out party warnings for such things. However, it's not a sure thing and I guarantee you you will not have a job there if you sue your boss.
Sue the guy who hit you. If there is a problem collecting, your attorney may file against your boss in a "deep pocket" way as well. But, I would not decide on your own without expert help from an attorney who reviewed all the facts.
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12-01-2008, 04:33 PM
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| | Quote:
Originally Posted by Zigner Ahhh, so all that savings you've had is now enough to pay for your injuries out of pocket, right?
Face it, you were underinsured...and NOW you are feeling the effects. | No, the savings were not enough to cover my current medical bills. They were enough to pay for my gas to and from work, food, clothes, and other necessities however.
I have already faced the fact that I don't have enough insurance to cover my medical bills. That's why I'm trying to figure out if somebody else may be responsible. |
12-01-2008, 04:40 PM
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Posts: 14,220
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Originally Posted by jimbeam No, the savings were not enough to cover my current medical bills. They were enough to pay for my gas to and from work, food, clothes, and other necessities however.
I have already faced the fact that I don't have enough insurance to cover my medical bills. That's why I'm trying to figure out if somebody else may be responsible. | Somebody else IS responsible. Unfortunately, it's another chump who chose to be uninsured/underinsured, just like you.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! |
12-01-2008, 04:45 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 4,188
| | | Exploring the possibility of liability on all parties involved in an alcohol related accident is very smart.
Also - while your boss probably would fire you if you sued - what the well meaning conservatives are failing to tell you is that you boss is in all likelihood planning to fire you (if he has a brain in his head) |
12-01-2008, 05:11 PM
| | Member | | Join Date: Feb 2008
Posts: 417
| | It's doubtful that your employer is responsible as a supplier of alcohol since VA doesn't have a dram shop act. However, you bring up a good point about worker's compensation. It is possible that you can collect under a worker's compensation argument depending on the facts. If I were you I would not dismiss that possibility until you speak to a local attorney. Quote:
Originally Posted by Zigner There is nothing posted that would make us believe this would be a WC case in the first place | Q: What's the keyword in the above post?
A: "us"
There is nothing that would lead ziggy (and pals) to conclude that you don't have a WC claim because he's not a legal expert and has no idea what constitutes a WC claim. There may be something in the facts of your situation to make a lawyer believe that you have a WC case, however. |
12-01-2008, 05:16 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,220
| | Quote:
Originally Posted by CameronNewport It's doubtful that your employer is responsible as a supplier of alcohol since VA doesn't have a dram shop act. However, you bring up a good point about worker's compensation. It is possible that you can collect under a worker's compensation argument depending on the facts. If I were you I would not dismiss that possibility until you speak to a local attorney.
Q: What's the keyword in the above post?
A: "us"
There is nothing that would lead ziggy (and pals) to conclude that you don't have a WC claim because he's not a legal expert and has no idea what constitutes a WC claim. There may be something in the facts of your situation to make a lawyer believe that you have a WC case, however. | There is NOTHING in this thread to lead any of US (including you Mr. Contrarian) to believe there is a WC case to be had.
ETA: If you think that something HAS been posted that might indicate a WC claim, please point it out. I'll be waiting
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is!
Last edited by Zigner; 12-01-2008 at 05:19 PM.
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