General Question

chyna's avatar

Who would be liable for this medical visit?

Asked by chyna (51020points) April 6th, 2009

My brother owns a remodeling company and he and his crew were at a private home doing some remodeling. A tree had fallen on a fence and the owner asked one of the workers if he would get it off the fence after work. The guy did and got the worst case of poison oak. He had to go to the ER, his eye is swollen shut, it has affected his breathing and he has had to purchase numerous prescriptions. He has no insurance. So would the homeowner be responsible or workers comp?

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6 Answers

cwilbur's avatar

This is probably a question for your brother’s business lawyer. If he doesn’t have a lawyer, he needed to get one weeks, months, or years ago, before something like this happened.

dynamicduo's avatar

This is a very sticky situation which could go either way. It’s not something you will get a solid answer from here, as such a judgment may need to be made by an actual judge. I highly recommend you tell your brother to talk with his company lawyer about this.

chyna's avatar

My brother offered to pay the bills but the guy declined. Not sure if the guy was being nice or planning on sueing.

dynamicduo's avatar

Could be either. The wisest action now is to lawyer up.

Mr_M's avatar

I am not an attorney but one thing seems clear to me. Your brother’s company is not involved since the homeowner made a private deal with one of the workers and it was to take place AFTER work hours. Personally, I think the homeowner is responsible if the possibility of poison oak was never discussed. It certainly was NOT the fault of the worker that he could not identify poison oak. HOWEVER, the poor guy might have to sue the homeowner to get his money.

chyna's avatar

I’m not an attorney either, but I have the same thoughts as you do. Hopefully nothing will come of it, but we seem to be in a sue happy environment.

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