Visitor Question

I fell and broke my foot painting my father-in-law’s house…

Submitted By: Billy (Anderson, South Carolina)

While painting my father-in-law’s house I fell off the ladder and broke my right foot. I’ve been out of work for over three months due to the injury. Plus, I’ve been putting all my medical expenses on my personal insurance because his insurance told me to.

Am I entitled to lost wages and reimbursement for what I spent on medical expenses? What can be done about this? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Billy,

The answer is…probably. When you say “…his insurance told me to.” I’ll presume you’ve already filed a personal injury claim with your father-in-law’s homeowners insurance company. Homeowners insurance normally doesn’t cover immediate family members or residents of the home. I’ll also presume from your question the homeowners insurance company hasn’t denied your claim based on your family status.

You really shouldn’t have filed a claim with your own medical insurance company. Your father-in-law’s homeowners insurance should have assumed payment for your medical bills, out of pocket expenses for medications, crutches, etc., and all of your lost wages to date. The homeowners insurance company should also agree to pay an amount for your pain and suffering.

Because you accepted, and apparently continue to accept benefits from your own medical insurance company, you may be bound to reimburse them once you finally settle your claim with the homeowners insurance company.

Your injury was serious enough to have required the assistance of a personal injury attorney. It’s not too late to visit with one. Most won’t charge any fee for an initial office consultation. You may be surprised at the difference a good attorney can make in your net settlement.

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

Best of luck,

Published: August 2, 2013

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