If you’re self-employed and injured on the job, what are your rights?

I’m employed with a auto salvage yard and I receive a 1099 each year. While loading parts into a customer truck today using company wrecker somehow the customer lost control and pinned my right knee between the vehicles. Customer came out said sorry and drove off. Went to ER and had no broken bones but badly mashed leg swollen the size of a soccer ball. Should the customer have to pay for my time off because I self-employed? Confused and not sure what to do if anything.

Asked on December 17, 2015 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If another person injures you negligently, or carelessly--including the customer in the situation you describe, who carelessly lost control--he is liable for your injuries and costs. You could sue him for the sum of: 1) your out-of-pocket (not paid by insurance) medical costs; 2) lost wages, if you missed any time you otherwise would have been working and earning money; and 3) some amount, more-or-less equivalent to your medical costs, if you experienced an appreciable period (weeks or more) of significant disability and life impairment. 

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