Can I sue myself if I fell off of my own truck and got hurt?

Question Detail: I fell off my truck and got hurt. It required surgery. Can I sue myself and get the medical bills paid?

Answer: The answer just may be a resounding “yes”. This might sound like a really odd question for someone to ask, but it's not. Think for a moment about health insurance and how it covers your injuries even if you are negligent or at-fault for causing them. It's simply a matter of insured risks. And remember the insurance companies designed the products, sold them and then collected a premium for insuring the "risk". So it’s not that odd although your wording is a little quirky. First let’s talk about work related injuries.

Work injuries are covered irrespective of fault as we know it. Workers’ compensation benefits don’t take fault into account, so in essence if you employ yourself you can sue yourself or your own company. 

In Iowa self-employed people can elect to cover themselves under workers' compensation. This is what Iowa Code section 85.1A is all about. So it's a good question to ask because technically you do "sue yourself" or file a claim with the insurance company and fill out the First Report of Injury about yourself.

Now let’s talk about “suing yourself” in a personal injury accident. It’s possible "to sue yourself", but not likely because medical expenses are covered irregardless of fault. They are covered under the medical pay provisions of your auto policy up to the limits of coverage. Check your Declarations Page of the auto policy on your truck, car or motorcycle.

Frankly, I can't specifically answer your question without knowing more about the claim you wish to assert. Is it in workers' compensation or a personal injury claim in Iowa District Court? If in District Court the answer is probably a "NO." But, you need to sit down with a lawyer who understands workers' compensation and let the lawyer ask questions and then properly advise you.

Good question. 

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Steve Lombardi
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Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
Understand that simply having a personal injury lawyer doesn’t guarantee that you will receive money almost immediately. You need to be patient, because the case takes a while to finish.
by Charles April 9, 2013 at 04:11 AM
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