Legal Question in Personal Injury in Massachusetts
Auto Accident on the Job
I was stopped at a red-light, rear-ended, my car was totaled and have now been off for several months. I live in CT, the accident took place in MA and my employer is in IL. I have diagnosed neuropathy in both legs and the doctors have indicated I may not be able to go back to work. Should my legal suit be against both the driver and the company I worked for when the accident occurred?
4 Answers from Attorneys
Re: Auto Accident on the Job
You have a direct suit against the driver in Massachusetts for rear ending you. Massachusetts courts have jurisdiction; contact me if you would like us to represent you. With respect to your employer, you have aworkman's comp claim, not a lawsuit (unless there was something horribly defective with the a company supplied car that caused the accident?).
Re: Auto Accident on the Job
Sounds like a really bad injury.
No, you cannot sue your employer as you, I will presume, were acting in the course and scope of your employment when the accident occurred. Therefore, you would file a workers compensation claim with your employer's workers compensation insurance carrier.
In addition, you can file a "third-party" negligence claim against the driver who hit you, as well as the employer for that driver.
Feel free to contact me with any other questions you may have.
Re: Auto Accident on the Job
I find this case interesting and would discuss the details with you if you desire. Call my office number for specifics and also a focus on why you think your employer would be liable.
Note I prefer that intimate details of an injury and litigation strategy not be discussed on a forum that all can view.
Maurice
Re: Auto Accident on the Job
I agree with the other attorneys. I am licensed in both Connecticut and Massachusetts. Stanger & Arnold, LLP handles both serious personal injury and workers' compensation claims. Our office is conveniently located in West Hartford but, given the seriousness of your injuries, I would be happy to discuss your case further at your home if it is more convenient. There is no fee for this consultation and we typically handle these cases on a contingency basis which means you do not pay an attorneys' fee unless there is a financial recovery.
You can learn more about Stanger & Arnold, LLP at http://www.salaw.us
Regards,
Peter Van Dyke