Are You Insured: Workers’ compensation insurance coverage by a “Statutory Employer”

By Stark & Stark on June 20, 2012

Posted in Workers' Compensation

THE FACTS:

• You are a truck driver for Company A;
• Company A has a contract with Company B to transport produce;
• You are injured when driving Company B’s vehicle by a driver who cuts right in front of your vehicle;
• Company A tells you they do not carry workers’ compensation insurance.

THE RESULT:

• When you are injured at work, you are eligible to receive workers’ compensation benefits from a “statutory employer”;
• You may be able to collect workers’ compensation benefits from Company B;
• You have a claim against the driver who caused the accident;
• You potentially have an underinsured motorist claim under an employer’s automobile insurance policy;
• You potentially have an underinsured motorist claim under your own automobile insurance policy.

THE BOTTOM LINE:

• Never trust an insurance company’s claim that you are not entitled to coverage;
• Often insurance coverage is available to compensate you for your loss;
• Let us help you navigate the insurance minefield.