Legal Question in Personal Injury in California

I work for a company and i had an accident on the company vehicle. i was the passanger in the vehicle, and was not driving. The driver my partner hit a vehicle from behind. As stated in the police report the speed was 10-15 miles per hour and we were at fault because it was from behind. When we arrived at the company they were concerned about the vehicle and the companies name but not onced asked if we were ok. They quickly suspended my partner indefinetly until they new what to do, he took full responsability and i was shocked to know that i was suspended indefinetly also. I do not believe that is fair for me to be suspended with no pay until they look into it for something that i was only a passenger. They assume we were speeding regardless of what the report says. I went over the next day after suspension asking if i can please get something in writting stating the reason why i was suspended and for how long. they refused to give me anything in writting and have been avaidiong my calls eversince. I would like to know my rights in this situation and if there is anything i can do and how, i dont want to do anything im not quite sure of. thank you so much


Asked on 1/04/10, 2:39 pm

3 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You have a claim for injuries for worker's compensation benefits under labor code, because your injuries nare work-related. You also have a third party claim against the driver of other vehicle for your injuries as well. We have handled many similar cases like yours. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/09/10, 5:14 pm
Melvin C. Belli The Belli Law Firm

I assume you were not hurt and want to know information about your job. What your rights are pretty much depends on what your employment agreement says. Absent an agreement or a policy that covers this situation you are what is known as an at will employee and they can pretty much do as they wish subject to certain restrictions that would not seem applicable here.

That�s why unions are important, they stick up for the employee and don�t let situations like your happen.

Hope that helps and good luck.

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Answered on 1/09/10, 7:05 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

You have a workers compensation claim as well as a third party liability claim. Contact me directly.

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Answered on 1/12/10, 7:35 pm


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