What to do if an employee is injured and their personal property is used and damaged buy their employer?

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What to do if an employee is injured and their personal property is used and damaged buy their employer?

I am a seasonal ranch hand who is paid salary wages. I recently had emergency surgery and missed work for 2 weeks. While I was in the hospital my truck, horse trailer, and four wheeler were used by my employer. I am now told I will not be paid for the time I was in the hospital nor will I be compensated for the use of my personal property, which was damaged. What are my rights?

Asked on September 26, 2012 under Employment Labor Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry if you are injured by your employer you are entitled to worker's compensation benefits and if the injury results from an intentional tort, you may be able to sue your employer in state court. As to damage to your property by the employer he or she is responsible for paying for the damages under the law.

I suggest you make a demand for payment and consult with a worker's compensation attorney about your situation. If you have insurance for your property, make a claim to your carrier for the damage as well.

 

 


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