Do I have a case???

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Do I have a case???

I was hired and work for a lady who is paralyzed. She pays me on the books every
other week. One night while I was moving her I hurt my back . I have been out of
work since and if I do not work I do not get paid. . She was under the impression
she had workmans comp. policy but does not. Can I go after rk for an her
homeowners for loss of wages. I do not want to file a suit against her personally
because she is my boss. I do not work for a company she is an individual.

Asked on January 30, 2017 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do NOT "go after" her homeowner's. The homeowner's insurer does not owe any obligation to you; the insurer *her* and their obligation to defend her in court and/or pay for her when someone is suing or threatening to sue her. So you would have to go after (e.g. sue) her to get compensation.
Also, it may well be the case that neither she nor her insurer owe you anything: she would only be liable (so he or her insurer would only pay) if she were "at fault" in some way in causng your injury, such as it occured because she were negligent or unreasonably careless in some way. But if she were not at fault in causing your injury, she is not liable.


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