Legal Question in Personal Injury in California
my son went to work for a temp agency that put him to work at one of the local mills. While he was on the job at the mill he was struck in the head by a 2 by 4. He was wearing a hard hat but suffered a concussion,diagnosed by his doctor, and recieved a doctors note for the injury. The physican recommended that he take off two weeks to recover but the temp agency threatened to terminate him if he did not return to work. He returned to work one day after the accident but had to go home half way thru the day because he was ill and felt light headed. The next day we awoke with a severe headache and was vomiting so he called in sick. That afternoon the employment agency called to say he was fired off the job at the mill and that they would not represent him for any future employment. I know that if you are an employee off a company and are hurt on the job, they cannot fire you for missing work under doctors recommendation and are required to pay you for your time while out with the injury. Since he was an employee of the temp agency and not the mill, does the mill have any liability since he was injured while working there? If not, does the temp agency have any liability because he was injured while working for them? What steps should my son take next to protect his rights?
2 Answers from Attorneys
He has a Workers Comp claim to make, do so immediately, no matter what any employer or agent says. He should get a Workers Comp attorney in his area.
The temp agency is the employer and your son's injury is work-related, He is entitled to paid treatment, temporary disability benefits, settlement for permanent disability and future medical treatment. Feel free to call us at 213.388.7070 for a free consultation.
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