I work at a carwash and I was in a customers car and crashed. I injured my back, I was not wearing a seatbelt. I am still on work comp. Am I able to sue them for the injury. And are they partially at fault since they dont tell us to wear seatbelts.
2 Answers from Attorneys
What was the cause of the car wreck?
What did the vehicle you were driving make contact with?
If this car accident happened while you were working at the car wash, you are certainly able to file a workers' compensation claim for your injuries. You would be entitled to see the employer's doctor and/or any doctor of your choice AND whomever the doctor refers you to. Any new physician need to be within the chain of referrals in order for workers' compensation to pay for them. You are also entitled to payment of 2/3 of your average weekly wage if the doctor says you cannot work and you are off work for more than 3 days. Finally, you are entitled to a settlement for the permanency of your injury once you have finished all medical treatment and it is determined what your diagnosis and outcome might be.
I'm happy to help you through this case - see that you get the medical care you need and ultimately settle the claim. My office is located in south Naperville so I am should be fairly close to you. Feel free to call with any questions or to set up a meeting. You can find our information on the web at www.marker-law.com. Thanks and good luck,