Who is responsible for my bills if I hurt myself while working? 21 Answers as of May 27, 2011

I was power washing a friend's home when the ladder fell. When I hit the ground I broke my wrist requiring surgery. Who is responsible for my medical bills?

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
The homeowner through his insurance policy would be required to pay the medical bills. If you were working, you would be responsible if you owned the business or workers compensation would cover it if were worked for a business.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
You may be able to submit your medical bills on your friends homeowners insurance policy. However, it depends on the specific facts of this accident and the type of insurance that your friend has on his home.
Answer Applies to: Indiana
Replied: 5/25/2011
David Hoines Law
David Hoines Law | David Hoines
Who is at fault for the ladder falling? Maybe the homeowner has homeowner insurance that provides medical coverage.
Answer Applies to: Florida
Replied: 5/11/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Was this a gratuitous assignment or were you paid to perform the service? If you were there on their invitation, was paid to perform the service, and the ladder was provided to you by them, then they are fully responsible for your medical bills, however, if you contributed to your fall in some kind of way, i.e. you perched on the ladder precariously which resulted in the fall, or if the ladder was too small and you had reasonable knowledge of this fact, then they will only be responsible for your medical bills to the extent of their own contribution to your fall. (comparative negligence).
Answer Applies to: Washington
Replied: 5/10/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
The homeowner should have insurance to cover your injuries, if not then the homeowner is liable.
Answer Applies to: California
Replied: 5/10/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    If you were an employee, then worker's compensation. Otherwise, unless you can prove your friend caused the accident or the ladder was defective,med-pay insurance coverage if any or health insurance.
    Answer Applies to: Delaware
    Replied: 5/10/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    In all likelihood, you are responsible. Unless the homeowner's policy of your friend has a clause providing medical payments or your friend caused your accident in some way.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    you are responsible unless you can prove you fell because of your neighbors negligence. If he has homeowners insurance there may be some medical payments coverage. Ask him.
    Answer Applies to: North Carolina
    Replied: 5/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You probably have a good negligence case because you were working at the time and you may even have a case against the ladder company if it failed in some way. I suggest you speak to a personal injury lawyer right away. That will include your medical bills as well as pain and suffering and lost wages. Good luck.
    Answer Applies to: New York
    Replied: 5/9/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Depends on why you fell and if he has "medical payments" coverage on his Homeowner's Insurance policy.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The homeowners insurance for the home where you were injured probably has medical payments coverage that may have as much as $5,000 in med pay. Med pay will pay for your medical bills up to the med pay limits without any proof of fault; all you have to prove is that it happened on their premises. For anything above that, you would have to prove that the homeowner was negligent.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Check to see if your friend's homeowners insurance has "medical payments" coverage. If it does (and it should) you make a claim for your medical bills on that aspect of the homeowners policy. Unfortunately, these medical payments coverages generally are between $1,000 and $10,000 limits. You may also have a claim for product defect against the ladder manufacturer, distributor, and supplier IF there was something defective about the ladder and/or the design of the ladder which caused it to fall. I would need more details concerning exactly what happened. Finally, you may be able to make a claim for premises liability or negligence against your friend's homeowner's policy (the liability portion, not the medical payments portion), but again, this would depend on many factors.
    Answer Applies to: Colorado
    Replied: 5/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    The homeowner should have a med-pay provision in his homeowners insurance policy that covers probably $5,000 of medical bills regardless of anyones fault. Also, the insurance policy may contain a provisions for workers compensation for incidents just like this. You might contact a workers compensation attorney to inquire further.
    Answer Applies to: California
    Replied: 5/9/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    From the facts given you were helping a friend, not operating a business. Therefore, there is most likely not a workers comp claim. The friend may have had homeowners insurance. If so there is usually medical payment coverage for $1000 or $5000.00. Was the friend somehow responsible for the ladder falling? If so, he could me liable.
    Answer Applies to: Illinois
    Replied: 5/9/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You are responsible for your bills. Your friend is not liable, unless he/she was negligent in some way and the negligence contributed to the accident. If you have health insurance, turn it in on your health insurance. You might also file a claim on your friend's homeowner's insurance. The will not pay unless your friend was negligent unless your friend as coverage sometimes known as "med pay". This coverage pays medical bills for anyone hurt on the premises regardless of who is liable. Your friend's insurance agent could probably tell your friend if he/she has such coverage.
    Answer Applies to: South Carolina
    Replied: 5/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Have your friend contact his homeowners insurance.
    Answer Applies to: Connecticut
    Replied: 5/9/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In Alabama it would be you since worker's comp. would not apply. That could change if the homeowner was negligent. Check on medical payments coverage with homeowner.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    All medical and lost wage benefits, if the employer employs more than four people, or is in the construction business with any amount of employees, should be paid by the workers' compensation insurer of the employer. If your employer does not carry insurance and is supposed then the employer is liable.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    There is probably a med pay provision in his homeowners policy, but to get to anything over that, you and your friend need to figure out a theory of negligence against him to activate his liability coverage. It's called a "friendly suit." Perhaps there was hole in the ground that he failed to warn you about or he abandoned his post... If there are no facts to support a theory of liability, then your health insurer should bare the medical expense but you would get nothing over that without triggering the liability coverage in his homeowners policy. Stay well.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    If you are working for company then maybe workers compensation insurance company. But if you just working for yourself then maybe home owner.
    Answer Applies to: Florida
    Replied: 5/9/2011
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