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Emergency Liability Insurance Coverage Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by Cxob, Mar 1, 2015.

  1. Cxob

    Cxob Law Topic Starter New Member

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    I work at a med spa and do laser hair removal in Massachusetts. I'm currently uninsured because I thought I was covered by my boss. A client had a bad skin reaction (hyperpigmentation, burns and some blistering near the mouth) and wants 8,5000 in compensation or is threatening to sue. Is there a way to get emergency coverage from an insurance company for this issue? What can I do in this situation to protect myself?
     
  2. disagreeable

    disagreeable Well-Known Member

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    If you are an independent contractor, you should carry your own insurance. Otherwise, as an employee you should be covered by your employers policy. Hyper-pigmentation is not necessarily permanent from laser treatments, it is a result of your skin producing more melanin in response to the heat from the laser. It will likely go away. Presumably she signed a waiver before the treatments began making her aware of potential side effects.
     
    Last edited: Mar 1, 2015
  3. army judge

    army judge Super Moderator

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    You don't need to make matters worse, hire yourself a lawyer ASAP.

    No insurance company will insure you with an on August 1st, 2014; when you're applying on January 1st, 2015.

    If you do secure insurance, it'll be effective on the date the company issues your policy or binder!

    If you have a homeowners policy, it MIGHT cover this incident.
    Check with the company or your agent.

    By the way, don't mention this to your boss, because he's likely to be sued, too.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Disagreeable makes a fantastic point - check the waiver or any paperwork the client signed to determine what barriers the potential plaintiff will need to overcome and the burdens of proof that may be required. Most will threaten to sue, including attorneys, especially if they think there is an insurance policy that will settle quickly. Most of these injuries that are difficult to prove and go away completely without any long term harm are no longer settled easily and the cost of the lawsuit will almost always be far more than the amount that can be obtained. For example, how much damages were caused if the client has no injury to show just a short time later?

    And the advice given about insurance after the fact is sound. It's a risk policy. You may X$ that something might happen for which an insurance company would pay $X+Y in damages. The value of "Y" is what the insurance company is betting that the chance of them having to pay Y is small and that all the X collected from clients will cover paying the Y, should it ever happen. But once the insurance company knows they will need to pay both X and Y, why would they agree to only accept X so that it can pay both X + Y? Makes no sense. You should speak to an attorney if need be.
     

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