Legal Question in Personal Injury in California
I got in a car accident at work because my right eye was twitching. The human resource department said tgat I was speeding and I fell asleep. I acknowledge tgat I was speeding, but I did not fall asleep. They also have surveillance. Do I have a right to look at the video footage? And is it defamation of character for saying that I was lying?
2 Answers from Attorneys
If the accident occurred in a parking area supplied by your employer for employees to park their vehicles,then the accident should be considered to be an on the job injury. If you were speeding or not, WC is a no-fault system so you would still have the right to benefits [if you were reckless than the benefits might be reduced by 50% under the serious and willful misconduct provision]. But that would mean you can not sue your employer for anything related to the injury, and defamation might be related.
If all the person in HR said was the tapes show you apparently speeding, and if that is a reasonable interpretation of the tapes, there is no actionable defamation. It is a statement of opinion and not an accusation. Also, truth is a complete defense.
I would think you have a right to look at any tapes showing you, especially if they are used to impose any type of punishment
You have a valid worker's compensation case. You need to take actions based on your work-relared accident. Feel free to call us at 213.388.7070 for a free consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
