Additional Information: I work for a moving company and slipped and fell from the truck while at a customer’s home in North Andover. I suffered injuries to my shoulder and arm. The company doesn’t have worker’s compensation insurance. In fact, I’m not even sure they are registered as an official company in MA, they pay me by the job in cash. What can I do? Can I make a claim against the homeowner’s insurance?
It is possible to make a claim against the homeowner’s insurance, but first you must exhaust your rights against your employer. The fact that they do not have the insurance does not mean that they are not liable. You can still bring a claim before the Department of Industrial Accidents. They will award a judgment and enforce it against the company. Further, under Mass. Gen. Laws ch. 152 sec.66, you can sue the company for pain and suffering in addition. Finding and identifying the employer will be the main challenge. If the employer is not an official “company” then the owner of the company is personally liable for all of your injuries and he can be sued individually.