Legal Question in Personal Injury in California

on the job car accident

I deliver flowers! I was in the work van. this car

was in my lane coming straight for my van I tryed to swerve but we hit going about 25 or 30 miles a hour. she got a citation and there was a witness that saw it all. I didnt think I was hurt. The next day I went to the doctor because I had back pain. What do I do next? I want to file a claim I have been off of work about five days now! WhaT do I do. My emplorer is not really happy about this!


Asked on 3/16/99, 10:59 am

2 Answers from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: on the job car accident

I will assume that you are an employee of the flower shop, rather than an independent contractor.

This is a work related injury, and your medical bills are covered by worker's compensation. If you are out

of work for (?) five days or more, you may also be eligible for State Disability benefits. If there is long

term or permanent disability, you may be due an award under the worker's compensation system, or retraining, etc.

You can also sue the driver (and perhaps the owner, and the driver's employer if the driver was driving as part of

or closely related to the job) for your injuries. If these are not serious, then small claims court may be appropriate

(maximum $5,000).

If your injuries may be serious, then you should see an attorney.

If your employer "doesn't like all this" enough to retailiate, you should see

an attorney.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 3/31/99, 12:31 pm
John Hayes The John Hayes Law Offices

Re: on the job car accident

If your employer has workmans comp your bills should

be covered. And you may be eligible to receive

temporary unemployment. This will only reimburse you

a few hundred dollars a week. Probably not even

half of what you would earn if you were able to work.

I definately do not recommend that you take this to

small claims. Obviously, your injuries are serious

enough that you had to miss work you need to see an

attorney.I would be happy to give you a free consultation

over the phone. I have done several hundred personal injury

cases as well as wrongful termination, should your

boss fire you, which I doubt will happen.

You are entitled to fair compensation for your injuries

and loss of income. I look forward to speaking with

you. I realize that I am in San Luis Obispo, but

I handle cases for out-of-town clients on a regular

basis. I find that it is not a problem since the

insurance company is usually out of state. Good luck

if you do not choose to take advantage of the free

consultation.

John Hayes

The John Hayes Law Offices

P.O. Box 3003


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Answered on 3/31/99, 6:12 pm


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