My husband was injured at work.?

Question

My husband was doing tree work at a house, the yard ajoining the tree

had a hole in the ground that someone had taken a pole from, my husband 's foot fell into the hole, his hand landed on a brick and the log that he was carring fell onto his finger, causing the tip of his finger to come almost completely off, finger was sewed back on, but there is a chance that he might lose the finger. all my husband asked is if the lady could pay the dr bill, lady said she will be getting a lawyer and she is no paying for anything. can we sue her for not putting a flag up? my husband would not have fallen if there was something to show that there was a hole to begin with. did'nt want to sue but what else can we do?

Answer 1

she should have home owners insurance

witch is for instances like this

atleast thats why i pay mine even though my house is paid off

if it was at work then workmenscomp or his employer might be liable

Answer 2

She is liable.  I sincerely doubt that a lawyer would be able to protect her.  Make sure you have proof - pictures, witnesses.   A couple of things you can do:

1) Is your husband covered under a Worker's Comp policy?  If he's not an independent, he should be covered.  The easiest thing here would be to claim it under that policy.  Your worker's comp carrier would subrogate to get the money back from her or her homeowner's insurance in the end, but you would not have to be involved very much with that process.

2) If you can find out who her insurance carrier is, you may be able to file the claim directly with her homeowner's insurance.

Answer 3

Sure you can sue her, but not putting the flag up isn't what caused the problem.

This is CLEARLY a workers compensation claim.  He needs to file a claim on his workers comp policy, or his employer's workers comp policy.  

In many states, the homeowner isn't going to be held responsible - as a professional, he's expected to carry insurance for his work related injuries.

You will probably need to hire a lawyer and sue her, to get any money at all.  You may or may not be able to win, depending on your state laws, his employer, and how the business is set up.  If he is uninsured, or his employer is uninsured, though, trying to sue HER is likely going to have some legal ramifications, for not carrying workers comp.  You need to consult with a lawyer, in your state, for state specific information.

Answer 4

If your husband was working for a specific company, the company should have Workers Compensation Insurance.  He needs to go after the workers compensation insurance and the insurance will the investigate the claim and if they have to they will subrogate the claim to the owner of the property.