Legal Question in Personal Injury in Virginia

I work as a home health aid for one lady. Her nieces pay me out of her estate, taxes are taken out. I injured my back in June 09, I asked them if they had workers compensation and they told me they weren't required to carry that. Since then I have been unable to see doctors for the injury because I have no insurance and no way to pay. They have not offered any compensation. I have 2 bulging discs in my lower back and I suppose I will always have pain. If they aren't "required" to carry workers comp. Is there any way I could sue their homeowners insurance since the injury occurred while lifting the patient in their home?


Asked on 2/16/10, 9:22 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

At least three employees are necessary in order for an employer to be

required to carry worker's compensation insurance in Virginia.. As for suing

the homeowner's insurance policy, it's likely that this policy contains

an exclusionary provision for this kind of injury, but you might, nevertheless,

still want to arrange for a consultation with an attoney who handles

personal injury cases for further advice on this particular matter.

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Answered on 2/21/10, 12:07 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

I agree. While you may not have a comp claim, you should consult with an attorney asap about a liability or other claim. Check to see whether the policy has medical payments ("medpay") coverage. How the injury happened may be important. Good luck.

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Answered on 2/22/10, 3:57 am


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