Run Over by a Truck at Work...

by Chris
(Hampton, NH)

My boss was driving a 26 foot boxtruck and I had to direct him while he was backing out of a tight spot. I backed him up and went to get into the truck. I grabbed the door handle getting ready to get into the truck when he stopped short. I lost my grip on the door handle and truck rolled about 3 feet back.

The truck ran over my leg and my foot and then onto my other foot. I've been to the emergency room and had to have emergency surgery on my foot for compartment syndrome. Can I sue my boss for my injuries? Thank you.

Visitor Question:
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ANSWER for "Run Over by a Truck at Work...":

Chris (Hampton, NH):

Let's not get ahead of ourselves! Hopefully you won't have to sue anyone. If your boss was covered by liability or workmans compensation insurance at the time of your injury you may be able to simply file a claim and then negotiate a settlement with the insurance company. That settlement may include compensation and reimbursement for your medical bills. It can also include the wages you may have lost while treating and recovering away from work.

You can also expect to be reimbursed for any of your out of pocket expenses, such as prescription and over the counter medications. Finally, you can request an additional amount for your pain and suffering, sometimes called "emotional distress".

If your boss either doesn't have personal liability or workmans compensation insurance, you can always file a lawsuit. If you have to do so you can request all we set out above, including that additional amount for pain and suffering.

The down side to all of this litigation talk is the possibility you may lose your job. Regrettably, there isn't much legally which can be done if that happens.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION