Legal Question in Workers Comp in Alaska
work accident with no recourse?
I work for a company that hired an outside construction company to install a conveyor system. The system was installed improperly, which caused me to fall 40 feet. I had a major reconstruction to my left arm, also head and back injury. I hired an attorney who took my case. After a year he advised me even thought the conveyor system was installed improperly, I no longer have a case because the corporation that installed the conveyor system was not insured.
1 Answer from Attorneys
Conveyor company uninsured
Ouch! That sounds like a terrifying accident. You titled the question Workers' Compensation, but I'm assuming that you have been getting weekly compensation plus medical expenses from your employer's comp insurer. Your question, as I read it, is really about the "third-party action" against the outside company which installed the conveyor.
I've done some work with conveyor installations and liability cases, although in Pennsylvania, not your state. Typically a number of different companies are involved in the installation so the possibile liability of every company which was involved in the installation should be investigated.
Merely because the company didn't have insurance doesn't mean there isn't a case. It can make it much more difficult to collect an award, but if the company is big enough, still in business, and has assets, it can be possible to make them pay directly. But a pretrial settlement is less likely than with insurance.
You didn't really ask a question, but I'm guessing you want to know what else you can do. It looks to me like the attorney is telling you he doesn't want to continue with your case. You are perfectly free to look for another lawyer, and that's what you should do. You also need to make sure you know what the statute of limitation is, if suit hasn't been filed yet, AND also if all the possible defendants haven't been sued yet.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.