Someone is trying to sue a company I had because she slipped on an oil spill from one of my trucks in a terminal where contractors have their trucks in and out all day long. She has worked there as a driver for several years and is aware of conditions there. I do not own the terminal and sold my business last year. This happened 2 years ago, she continued to work, then months later filed WC with her employer. He is a contractor like I was. The insurance I had said I was not covered for that type of claim and surprised she is trying to sue me. Am I liable?
1 Answer from Attorneys
Hi. I am an Illinois workers' compensation and personal injury attorney.
Yes, unfortunately, there is a possibility that you could be sued personally for the cost of her medical treatment for any injuries she sustained. There are several factors that may prevent her from suing, however, or, if she does, can provide a defense to any claim filed. A few additional details would be needed to make an accurate assessment.
First off, how many employees are in this business? Certain businesses are exempt from the requirement to carry workers' compensation insurance. Also, has she actually filed a workers' compensation claim yet? There are time deadlines and she may have missed the deadline for filing a claim, in which case her claim may be barred completely. You need to speak to an attorney as soon as possible. For convenience, I can be reached by e-mail at [email protected], or by phone at (314) 471-5585. Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice.