Wreck at work with injury

In California, we have "Serious & Willful Misconduct of the Employer" to boost the workers' recovery when they PROVE the Employer knew someone would be hurt by his conduct. If you're in California, while you cannot sue your boss in Civil court, you CAN Petition for Serious & Willful Misconduct against the Employer, and the EMployer doesn't have insurance for that: It's a misdemeanor (you can't get insurance for a criminal act). It's super hard to prove that the employer KNEW this vehicle was dangerous and the brakes would fail. Proving another person's state of mind is so tough. Last time I did it, I had a co-worker testify he told the employer the equipment could kill someone if not immediately maintained and boss delayed (and my client was nearly killed). You get an increase -- in California -- of 50% of the Permanent Disability award; so, when you heal, if you have $10,000 in Permanent Disability, all you get is $5,000 for facing death in a dangerous vehicle. Not enough, but more than nothing. If you're not in California, find out if your state has a Serious & Willful Misconduct statute for an employer who commits more than simple negligence.

I am sorry to hear about your accident. The answer to your question is going to vary widely by state, but I will give you some information about the analysis in Missouri. Under the current state of Missouri workers compensation law, you might be able to bring an individual claim against your boss for the car crash under a "co-employee liability" theory -- it would depend on whether the boss is operating the company as a sole proprietorship or as a corporate entity. If as an organized corporate entity, then you can argue that the boss is also an employee of the business. Under the co-employee liability theory, the workers compensation "shield" no longer extends to employees of the "employer." Accordingly, an injured worker can bring the workers compensation claim against the employer and also bring a negligence action against the employee whose negligence caused the crash. There can be a complicated question of insurance coverage, but in a situation like yours, you might be able to make the claim work. As for the second part of your question, insurance proceeds will depend on what claims you are able to put together. You might be able to bring a claim for MedPay or PIP (personal injury protection) depending on the insurance policies at issue. I hope this helps. -Todd Todd C. Werts Lear Werts LLP 2003 W. Broadway, Ste. 107 Columbia, MO 65203 573-875-1991 http://www.learwerts.com

To provide more than generalities, it is imperative to know what state your employer is in and the state where the accident took place. It is true that Workers' Compensation Statutes prevent you from suing your employer with VERY rare exceptions which would not apply here. The question you want answered is whether there is anyone who you can sue. You may have an action against the shop that repairs or maintains your employer's vehicles. You may also have an action against a parts manufacturer e.g. defective brake component. You should also be advised that even where you can sue another entity, the proceeds from that suit must be paid to the WC carrier to repay them BEFORE you get any of the money. This is required by statute. If all maintenance is performed by your employer and no parts failed, you probably have no recourse except Workers' Compensation. It is important that you discuss these matters with your attorney. If your attorney is not familiar with 3rd party practice, he/she is obligated to refer you to a competent attorney or at least advise you that you need to seek other counsel. Legal Disclaimer: If this information has been helpful, please indicate by clicking the thumbs-up icon below. Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You may contact the writer with these links: [email protected] http://www.themargolisfirm.com