Legal Question in Personal Injury in California
on the job car accident
I deliver flowers! I was in the work van. this car
was in my lane coming straight for my van I tryed to swerve but we hit going about 25 or 30 miles a hour. she got a citation and there was a witness that saw it all. I didnt think I was hurt. The next day I went to the doctor because I had back pain. What do I do next? I want to file a claim I have been off of work about five days now! WhaT do I do. My emplorer is not really happy about this!
2 Answers from Attorneys
Re: on the job car accident
I will assume that you are an employee of the flower shop, rather than an independent contractor.
This is a work related injury, and your medical bills are covered by worker's compensation. If you are out
of work for (?) five days or more, you may also be eligible for State Disability benefits. If there is long
term or permanent disability, you may be due an award under the worker's compensation system, or retraining, etc.
You can also sue the driver (and perhaps the owner, and the driver's employer if the driver was driving as part of
or closely related to the job) for your injuries. If these are not serious, then small claims court may be appropriate
(maximum $5,000).
If your injuries may be serious, then you should see an attorney.
If your employer "doesn't like all this" enough to retailiate, you should see
an attorney.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: on the job car accident
If your employer has workmans comp your bills should
be covered. And you may be eligible to receive
temporary unemployment. This will only reimburse you
a few hundred dollars a week. Probably not even
half of what you would earn if you were able to work.
I definately do not recommend that you take this to
small claims. Obviously, your injuries are serious
enough that you had to miss work you need to see an
attorney.I would be happy to give you a free consultation
over the phone. I have done several hundred personal injury
cases as well as wrongful termination, should your
boss fire you, which I doubt will happen.
You are entitled to fair compensation for your injuries
and loss of income. I look forward to speaking with
you. I realize that I am in San Luis Obispo, but
I handle cases for out-of-town clients on a regular
basis. I find that it is not a problem since the
insurance company is usually out of state. Good luck
if you do not choose to take advantage of the free
consultation.
John Hayes
The John Hayes Law Offices
P.O. Box 3003