Legal Question in Workers Comp in Virginia

is this workmans comp OR can I sue for negligence?

I worked at a sporting event in Maryland for a major TV network as an independant contractor through a crewing service. I was injured coming off a set that was built for my job that was 3 feet off the ground but had no stairs. someone had stacked empty camara cases at the end of the set since as stairs.I stepped on the empty case, it flew across the floor, I fell & broke my wrist. I live in VA the accident happened in MD & the TV network's home base is yet another state. I have worked in TV for 17 years & as a freelancer for these people on and off. I was shocked but they treated me horribly, dumped me at the hospital & were annoyed to deal with the situation. They have turned me over to their insurance.They want to call it workmans comp & I have used the workmans comp account number assisgned to me for DR billing. The insurance agent told me he would get back to me about lost wages. I do NOT want workmans comp lost wages. I want to sue for negligence, lost work, & expenses I have from the injury. Last week the insurance company sent me a check for one days pay for the 4 weeks it has been since the accident. I have not cashed it. CAN I SKIP THE WORKMANS COMP & SUE? I need a lawyer who can answer this and is interested!

Thanks!!


Asked on 10/12/04, 6:34 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: is this workmans comp OR can I sue for negligence?

Although I do not practice in Maryland but only in Virgina, it is a universal law in the United States that if your employer has purchased workers comp coverage, then this insulates your employer from any negligence lawsuit. But you may want to talk to a Maryland Attorney because occasionally some states have exceptions for gross negligence.

Gerald G. Lutkenhaus

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Answered on 10/13/04, 11:43 am


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