A female was in the scope of her employment as a transportation driver for a school in the city of Murrieta. As she was was in the driveway of the home, a dog exited from the home and attacked her. The dog bit her in the hip causing her to suffer dog bite wounds. Attorney, Samer Habbas filed suit against the homeowner. The claim was covered under the homeowner’s insurance policy as dog bites fall within the types of claims homeowner’s insurance covers. Due to Habbas’ diligence and aggressive representation, the matter settled for $300,000.
It is important to remember that although you are injured on the job and you present a worker’s compensation claim, you still have a claim against a third party if the injury occurs as result of their negligence. Here, our client pursued a worker’s compensation claim against her employer. However, because her injuries were caused by a third party not her employer, she had a right to pursue an independent action against the homeowner. Therefore, injured workers need to make sure they are pursuing a third party claim when it is applicable. Had our client not pursued a third party claim, she would have failed to collect a significant amount of money in her pocket from the homeowner’s insurance coverage.
Sometimes it is difficult to identify the third party or you may not realize that it was the third party’s negligence, not your employer’s negligence that caused the injury.
To assure that you are not forfeiting any potential recovery when injured on the job by the negligence or carelessness of a third party, make sure to contact the Law Offices of Samer Habbas & Associates.