I was driving my company's vehicle when I was rear-ended on the freeway by another driver and I was severely injured. I found out that my employer does not have Workers' Compensation insurance coverage, and the other driver only has a minimum liability policy. I have medical bills and I am unable to work due to my injuries. What can I do?
You should call a lawyer immediately to protect evidence and to get your case moving!
You have both a Third Party case and a Workers' Compensation case:
- The employer is the 1st party;
- the employee is the 2nd party;
- the other person causing the injury is the 3rd party
First of all, your employer should have an Underinsured Motorist Policy on the company vehicle. These policies are usually for $1 million. This policy will pay for damages above and beyond what the defendant driver's policy covers. An experienced attorney can represent you and help you recover damages under both policies. This is the "third party" aspect of your case.
Regarding the Workers' Compensation issue, if your employer did not have Workers' Compensation insurance coverage, there is a state fund that pays for claims when the employer is uninsured. This fund, called the Uninsured Employers Benefits Trust Fund ("UEF"), can pay you temporary disability benefits when you are unable to work, pay for medical treatment and ultimately pay for permanent disability benefits that you are owed.
Your case could be worth millions of dollars, and The Arns Law Firm will help you obtain the best result!
-Hillary Allyn, The Arns Law Firm, San Francisco, CA
For more information on work-site accidents and
your legal options, visit the ARNS Website.
"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."
This Month's Expert; Hillary Allyn
Hillary Allyn has a strong background in Workers' Compensation. She litigates cases involving construction injury, workers' compensation, personal injury, employment discrimination, and serious and willful employer misconduct.
Hillary was an extern to the Honorable Judge Teri Jackson at the San Francisco Superior Court. Her experience and her fluency in Spanish allow her to successfully represent our Spanish-speaking client base.