Legal Question in Personal Injury in Florida

auto accidents on the way to a job site
I was on my way to a job site and was rear ended. I explained to my employer that I would be seeking medical care and would be out two morning a week. And have been doing so since november. I was being paid salary now, because he wants to pay me hourly and I am told that I will not be getting a raise or a bonus anytime soon because I have been out of the office two mornings a week for an accident that happened on company time. My employer also told me he thought it would be a good idea to find out about worker's comp or disability. he also tried to get me to cut my hours back to part time. I assume he whats me to go part time so he will not have to pay for my healthcare ins. this was included in my employee package.(I just informed them today that i will be taking my family off the healthcare coverage they have been excepted with another company.) What are my rights? Can he just take me from salary to hourly for an accident that happened while at work? Does he have the right to discriminate against me for being a doctors appt. two mornings a week and not give me raise or a bonus when everyone else in my office is getting them? Someone please help.

Asked on 1/24/07, 10:00 pm

2 Answers from Attorneys

Cameron Brumbelow Brumbelow Drechsel Law Group, P.A.

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Re: auto accidents on the way to a job site

Under the Workers' Compensation statute coercive behavior by the employer is prohibited, but it takes a pretty good smoking gun to get around the immunity of the comp statute. If you lose over 20% of your weekly income from being switched to hourly combined with the time you are losing doing therapy, you can get paid partial disability for a percentage of the money lost. I can also help you with the third party claim against the driver that hit you if you need someone for both cases.

Answered on 1/25/07, 8:59 am

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