Ask Attorney Kimmel

Dear Carolyn, if you were working on the job as an employee when you were injured, you may be entitled to recover workers' compensation benefits that would help pay your medical bills and restore some of your lost income. Workers' compensation laws vary from state to state, but generally they require employers to carry workers' compensation insurance to cover work-related accidents. These laws may require you to notify your employer or the state workers' compensation agency within a certain number of days after the accident, and to file your claim within certain deadlines, so be careful to check the laws in your area to avoid forfeiting your rights. If you were working as an employee, generally you will be barred from asserting a legal action against your employer other than to recover worker's compensation benefits. You may, on the other hand, be able to recover damages from third parties if your injury was the result of negligence on their part (for example, if a defectively designed patient lift device failed, causing or contributing to your injury).

If you were not working as an employee (for example, if you were working as an independent contractor), then you likely are not covered by workers' compensation insurance. Unfortunately, determining whether a person is working as an "employee" or an "independent contract" can be complicated, and the definitions of these terms vary among states and for different purposes. The IRS, for example, has a list of list of criteria for making this determination for federal taxation purposes, together with years of administrative determinations and case law that further define the meaning. Very generally speaking, if you work under supervision of somebody else with little or no discretion in how or when you do what you do, and if you are paid a salary or hourly wage rather than a single project fee, you are considered an employee. On the other hand, if you decide how and when you do what you do, and you receive a project fee as compensation, you are likely an independent contractor. But this may not always be the case, and you should consult an attorney for further guidance in your specific situation.

If you are an independent contract without worker's compensation benefits, you will hopefully have medical and disability insurance of your own to help you pay your medical bills and restore some of your lost income. Again, you must report your claim within a certain number of days after the accident or risk forfeiting your rights. As an independent contractor, you also may or may not be able to collect damages against your client or third parties, if, for example, your injury was due to your client's or a third party's negligence. Again, consult your attorney.

Regardless of your legal status as an employee or an independent contractor, I also recommend that you submit your claim to The Nonjustice System for resolution. You can do this online for free, without an attorney, by visiting the Nonjustice Foundation's website: www.nonjustice.org. The Nonjustice System is a free and easy to use alternative to the justice system that is very effective at resolving disputes and restoring peace and happiness. You have been injured and you may be tempted to seek justice against those who you perceive have hurt you (by filing a lawsuit or taking other action to make them pay). At best, filing a lawsuit can provide you with financial help. But it is a long, costly, and arduous process that rarely restores peace and happiness. If it is peace and happiness you really want, you will find them by practicing nonjustice, not seeking justice. In the process, you can also ask for material financial help-from the person who hurt you and from others. But this does not mean inflicting suffering upon them. It will only come back to visit you. When you have been injured, remember to take care of all parts of you: mind, body, and spirit.

James P. Kimmel, Jr., J.D.

"I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men's hearts. I realized that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby--not even money, certainly not my soul."