Legal Question in Workers Comp in California
Coverage Under Worker's Comp
I was involved in auto accident while transporting clients in my personal auto employer is a non-profit agency with non-owned auto coverage. I was hurt and the doctor I went to for my injuries filled the papers for a work-related injury. I have only been an employee for 2 months. Would I be covered under the state Workers Comp.? The doctor said I can go back to work with written work restrictions and work in the office typing and filing, but now I have arm pain and I don't want to do the office work because it will make my right arm worse. I have my own auto coverage and my supervisor says my coverage must kick in first before theres will. Should I consult with a Worker Comp attorney?
2 Answers from Attorneys
Re: Coverage Under Worker's Comp
From the minute you show up to work in California WC covers you. You need to go to an attorney because: 1)supervisor's who offer legal opinions normally will not back off of them, 2)you seem to want vocational rehabilitation, 3) it might be better for all involved if you can find out from the Dr. the maximum safely you can type without problems], 4)if the clients suffered any injuries they may sue you and while your carrier would provide a lawyer your rates may go up [the company's insurance should kick in first and them your own insurance], 5) you yourself might have a law suit for your own injuries.
Re: Coverage Under Worker's Comp
You may have two cases. one against your employer and one against the driver of the other vehicle. You are covered under Worker's Compensation eventhough you only worked a day. Feel free to call us at 213.388.7070 to discuss your case.