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Started By
Message
OT Lawyers, a question
Posted on 6/25/15 at 10:43 am
Posted on 6/25/15 at 10:43 am
Jim owns several companies.....A,B,C,D and E.
Steve works for company A.
Jim has one of the managers in company A to get Steve to help move furniture for a person in company D, off site of company A, from one house to another house.
Steve gets injuried. A severe back injury.
Question 1....is it legal for Jim to have done this?
Question 2....what, if anything, can Steve do?
Steve works for company A.
Jim has one of the managers in company A to get Steve to help move furniture for a person in company D, off site of company A, from one house to another house.
Steve gets injuried. A severe back injury.
Question 1....is it legal for Jim to have done this?
Question 2....what, if anything, can Steve do?
11
Posted on 6/25/15 at 10:44 am to Orphan
Are you Steve?
Posted on 6/25/15 at 10:45 am to Orphan
quote:
.is it legal for Jim to have done this?
Why wouldn't it be?
quote:
what, if anything, can Steve do?
If he was in the course and scope of his employment for Company A (seems like he was since the boss told him to do a job) he could file a worker's comp claim.
Not legal advice. But have worked for plenty of guys like Jim.
This post was edited on 6/25/15 at 10:56 am
Posted on 6/25/15 at 10:45 am to Orphan
Question 1....is it legal for Jim to have done this?
Sure
Question 2....what, if anything, can Steve do?
Company D may not be entitled to the protection of workers comp for liability.
Sure
Question 2....what, if anything, can Steve do?
Company D may not be entitled to the protection of workers comp for liability.
Posted on 6/25/15 at 10:47 am to Orphan
sounds like a worker's comp case
Posted on 6/25/15 at 10:50 am to Mung
quote:
sounds like a worker's comp case
Against company A, sure. The real payday could be going against Company D for general damages for its negligence (which you can't collect in workers comp), though. Jim could be screwed.
Posted on 6/25/15 at 10:52 am to Orphan
quote:
what, if anything, can Steve do?
Steve gots to call Dudley and Debosiers, cuz they real people and they gets you a check!
Posted on 6/25/15 at 10:55 am to Orphan
Workers Comp. case and potentially a 3rd party claim, all day, every day.
Find a non-TD lawyer, preferably one without a billboard, but that's just my own personal advice.
ETA: to clarify, it's totally legal for him to do this, but (fake guy name) will be entitled to workers comp (a set level of benefits and medical care), which is typically no-fault (this is a very, very basic explanation) and the employer will be entitled to the protections afforded employers. There might be a third party (and much more lucrative) claim against another responsible party, and then the employer can be reimbursed.
Find a non-TD lawyer, preferably one without a billboard, but that's just my own personal advice.
ETA: to clarify, it's totally legal for him to do this, but (fake guy name) will be entitled to workers comp (a set level of benefits and medical care), which is typically no-fault (this is a very, very basic explanation) and the employer will be entitled to the protections afforded employers. There might be a third party (and much more lucrative) claim against another responsible party, and then the employer can be reimbursed.
This post was edited on 6/25/15 at 11:00 am
Posted on 6/25/15 at 11:00 am to Orphan
Would you like to hire the TD.com law firm to represent you?
(joke)
(joke)
This post was edited on 6/25/15 at 11:01 am
Posted on 6/25/15 at 11:01 am to Y.A. Tittle
quote:
Against company A, sure. The real payday could be going against Company D for general damages for its negligence (which you can't collect in workers comp), though. Jim could be screwed.
^^^^^^^^^^^^^^^^^^^^^^
Posted on 6/25/15 at 11:02 am to Orphan
Jim, Company A, and Company D are fricked.
Posted on 6/25/15 at 11:02 am to Orphan
What do companies B, C, and E have to do with this?
Posted on 6/25/15 at 11:05 am to LSUGrad9295
quote:
What do companies B, C, and E have to do with this?
If it's really bad or if Steve's lawyer can find a real whore doctor or doctors, they can start trying to go after them when they exhaust all assets of A and D.
Posted on 6/25/15 at 11:07 am to Orphan
Blackacre.
Posted on 6/25/15 at 1:22 pm to Y.A. Tittle
quote:
get Steve to help move furniture for a person in company D, off site of company A, from one house to another house.
quote:
The real payday could be going against Company D for general damages for its negligence
hypo doesn't indicate negligence by company D. Steve hurt his back moving furniture.
Posted on 6/25/15 at 1:42 pm to Mung
Statutory employer. Comp.
Posted on 8/3/15 at 5:44 pm to Orphan
Lol
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