Legal Question in Personal Injury in Ohio

Liability

i was involved in a vehicle accident in one of my employer's vehicles. It was not my fault, the other party crossed the center line & hit me. He had no insurance and my employer's insurance has a clause that since I was on company time, they were not liable, workers comp is. Workers comp has paid all of my medical to date and the lost time that I had in the beginning, my employer took care of for me. This is an injury that I will suffer with for the rest of my life. My question is is it feasible to sue my employer for personal injury. Is he liable since his insurance wasn't.


Asked on 9/12/06, 12:25 pm

3 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: Liability

I need more information to answer your questions. What do you mean by "lost time in the beginning?" are you still missing work or unable to work? If you are not able to work, are you still getting paid?

Generally speaking, if you are injured on the job, you cannot sue your employer. There are some exceptions that I will be happy to discuss with you.

I have been representing injured people for more than 30 years. There is no charge to talk to me and no obligation. If there is something that I can do for you, there is no charge unless I can get money for you.

I look forward to hearing from you. Feel free to send me an email with your phone number and a good time to reach you.

Good luck

DHD

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Answered on 9/12/06, 10:10 pm
Paul Kray Paul J. Kray, Attorney at Law, LLC

Re: Liability

you can't sue your employer because the worker's comp system is your remedy. The work comp laws were put in to stop employees from suing employers. But you can sue the person(s) who actually caused the accident. I've done this on several ocassions. If you would like some more info call me. Paul Kray

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Answered on 9/12/06, 1:22 pm
Eileen Joyce Baughman & Joyce LLC

Re: Liability

You do not have a claim against your employer under these circumstances. However, you do have a claim against the at-fault driver. Though he has no insurance, you can still obtain a judgment against him (by suing him). With a judgment, assuming that you prevail at trial, you can go after his wages, bank accounts, etc. You should also contact your insurance carrier ASAP to determine whether you have uninsured/underinsured motorist coverage and if so, make a claim with your carrier. If you have UM/UIM coverage and the claim is denied, you should contact a personal injury attorney (specifically, one who handles UM/UIM claims) to determine whether you would have a claim based on your carrier�s denial of coverage and/or whether your employer�s UM/UIM coverage should kick in.

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Answered on 9/12/06, 2:18 pm


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