Will my former employer’s insurance company be required to represent meregarding a work related accident case?

UPDATED: Aug 8, 2011

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Will my former employer’s insurance company be required to represent meregarding a work related accident case?

I worked at a snow plow company that is being sued for a slip and fall. I have since left the company and no longer work at the company. This lawsuit started well before I left. I was the forman on the site so I will be involved until this is over. Could I be required to get my own lawyer?

Asked on August 8, 2011 Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are being sued personally, you *definitely* need your own lawyer--and that would be true even if you were still employed at that company. A company's attorney will ONLY defend an employee who has been named in a lawsuit if contractual (i.e. in a union or employement agreement)  obligated to do so; otherwise, the attorney only represents the company.

If you are not named as a party to the suit--i.e. you are not being sued--you do not need an attorney. That said, if you could afford one, it would be handy to consult with one to confirm if you do have any liability exposure, to advise you on what to say--or not say (for example; if you are deposed, it's good to have a lawyer with you)--etc.; but strickly speaking, unless you are named in the suit, you do not need an attorney.

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.

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