What to do if an employee is injured and their personal property is used and damaged buy their employer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if an employee is injured and their personal property is used and damaged buy their employer?
I am a seasonal ranch hand who is paid salary wages. I recently had emergency surgery and missed work for 2 weeks. While I was in the hospital my truck, horse trailer, and four wheeler were used by my employer. I am now told I will not be paid for the time I was in the hospital nor will I be compensated for the use of my personal property, which was damaged. What are my rights?
Asked on September 26, 2012 under Employment Labor Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this coutnry if you are injured by your employer you are entitled to worker's compensation benefits and if the injury results from an intentional tort, you may be able to sue your employer in state court. As to damage to your property by the employer he or she is responsible for paying for the damages under the law.
I suggest you make a demand for payment and consult with a worker's compensation attorney about your situation. If you have insurance for your property, make a claim to your carrier for the damage as well.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.