Sometimes litigation can get contentious. It is common for opposing counsel to take it personally when they believe justice is on their side. For a sense of what “justice” can mean to an insurance company, here is an example from a case I recently litigated.
My client was seriously injured painting at a construction site where he fell off a defective scaffold. He only worked for one day, and on the day he did work, it was a holiday, so he was the only one there (with his son, who is also his assistant). As he began treating for his injuries (he suffered a broken head and neck amongst other injuries) he applied for worker’s compensation to help with his medical bills.
To his surprise, the worker’s compensation insurance company explained that no one on the construction site recognized him, and there was no evidence that he had ever been hired for the job. Therefore, his claim for worker’s compensation benefits was denied because he was not an employee.
Being barred worker’s compensation benefits we sued for medical payment benefits (amongst other things). The insurance company has now denied medical payment benefits claiming that he is an employee entitled to worker’s compensation benefits.
Years later, no benefits are forthcoming. Yet the insurance carrier’s lawyer detests me for trying to procure medical payment benefits because to her it is obvious to her that my client an employee.