Legal Question in Insurance Law in California

Auto Accident--I was Hit, taken to hospital, truck towed--what now?

I was driving to work in my truck when I was suddently hit by a car. There wasn't a stop sign or anything--the car just hit me from behind. I managed to control my truck from flipping over but blacked out afterwards. A man that works on the railroad helped me gain consciousness again. One of the CHP officers on the scene yelled that I must have been driving drunk since I am Mexican. To clarify, I was not drinking and would never drive drunk--much less to work.

I was taken by ambulance to the local hospital, given morphine, and was told to call my regular doctor on Monday. I did so, CT scans were ordered and I was told to rest at home The problem with resting at home is that I do not have a union at work. I am afraid that even through I have a doctors note I will be fired. I cannot afford to lose my job.

In regards to the accident, should their insurance cover all the damages--hospital, towing of my truck, not being able to go to work, etc? In regards to work, can I do anything if they do fire me?


Asked on 8/17/04, 1:19 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Auto Accident--I was Hit, taken to hospital, truck towed--what now?

If you were working when you were hit, than you can file a workers compensation claim. If not you need to get a personal injury lawyer. Give me a call if you are in the Southern California area at 818-427-6246.

Norm

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Answered on 8/18/04, 12:01 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Auto Accident--I was Hit, taken to hospital, truck towed--what now?

Sorry to hear about your accident. First, it is illegal to terminate an employee while the employee is disabled. It appears that your doctor gave you the instruction to rest and recover, and so you should follow his advice.

Second, call your employer and find out their policies about injured workers. If they terminate you while you are recovering, you may very well have a case against your employer.

Lastly, get a lawyer to represent you as you will need assistance to get proper recovery. If you do not have a lawyer call me at (323)782-0099.

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Answered on 8/23/04, 12:02 am
Steven Murray Steven W. Murray, APC

Re: Auto Accident--I was Hit, taken to hospital, truck towed--what now?

You ought to see a lawyer who is familiar with personal injury claims. The defendant who struck you, and perhaps other parties, are responsible for all damages you incur from their wrongful act. This includes your lost wages, doctors' bills, etc.

The lawyer can contact your employer and find out about keeping your job, but this also depends on what a doctor tells you is best for your health. And the employer cannot discriminate against disabled persons, but whether you can be fired or laid off is a separate and more difficult question. This is another reason you should consult an attorney.

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Answered on 8/18/04, 1:38 pm


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