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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19771
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My company has workers comp but someone helping me got hurt

Customer Question

My company has workers comp but someone helping me got hurt bad not on my policy do I have any protection? What should I do?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 8 months ago.

Hello,

Thank you for the information and your question. Most workers compensation policies cover any worker, whether an employee or not, including independent contractors and unpaid labor, under their policies. So, the first thing you should do is read, or have your attorney read, your policy in detail. It would be unusual for the carrier not to cover the situation you described if it happened in the workplace.

If, by some chance, the policies definitely excludes the type of worker this was, then if you have a general liability policy for your Company that covers other types of incidents, for example customers or visitors who are injured on your property or by your employees, then you need to contact them. If, for some reason, you don't have such a policy and don't have an umbrella policy for your home that might cover them, you (or the corporation if you are incorporated) will be responsible for the damages which occurred. If the latter situation applies, I would strongly urge you to get a local attorney involved in negotiating a settlement of the damages.

Please feel free to ask follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 8 months ago.
Does it matter if I have a peo
Expert:  Marsha411JD replied 8 months ago.

I'm sorry but your post got cut off. Can you post your question again.

Customer: replied 8 months ago.
Does it matter if I have a PEO
Expert:  Marsha411JD replied 8 months ago.

No, liability would not be changed because of that. The options would be the same as I discussed previously.

Expert:  Marsha411JD replied 8 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 25th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.