Hurt at work by a third party. Was in hospital fot twelve days two surgeries.Been out work for 5 weeks. Should be back soon

Asked about 1 year ago - Concord, CA

Leg is getting better but will have some permanent damage. I'am I entitled to work comp. Have a personal injury looking into thing. It was tow truck driver that was at fault. But I might be part to blame I was helping him get a car out theatdrove over. crub. My employer tell me he working on workmen comp. Is he required by law to have workmen comp

Attorney answers (8)

  1. Paul J Molinaro

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    Answered . As many work related injuries involve car accidents or faulty products or negligence by someone other than the injured's employer, there are crossover areas between work comp and personal injury... the two areas of law are very different even though they deal with injured people. Thus, unless one's lawyer is well versed in both fields, he or she may need two lawyers to work together to maximize recovery should one be injured on the clock by the fault of a third party.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.- Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    4160 Temescal Canyon Road, Suite 306
    Corona, CA 92833
    (951)520-9684
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    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  2. David Lee Fiol

    Contributor Level 17

    5

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    Answered . Your entitlement to workers comp depends on the nature and length of your employment. If your employer should have covered you and did not you may be free to sue him and the third party. You should go over all these issues with a personal injury lawyer.

  3. Ajay Mohan Kwatra

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    Contributor Level 15

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    Answered . Maybe, but you have more than one case, potentially. Thus you need to engage an attorney who knows Worker's Comp and personal injury litigation well. Contact your local county bar association for a list of attorneys that will consult with you.

  4. Frederick Joseph Sette

    Contributor Level 11

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    Answered . you could have BOTH, a work comp claim and a personal injury claim. Due to the complexity of answering that question, more facts are necessary. I would suggest you contact a personal injury attorney as most offer a free consultation.

  5. Merry Melinda Fountain

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    Answered . Yes., if you are an employee, not an independent contractor.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal... more
  6. Tanya Marie Bachand

    Contributor Level 15

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    Answered . Yes, its a workers comp case, and it doesn't matter if you were partially at fault. You are entitled to benefits.

    This is general advice and does not establish an attorney-client relationship.
  7. Lars A. Lundeen

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    Contributor Level 20

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    Answered . Your employer is required to have workers compensation insurance. You should obtain legal representation now. I see issues coming based on your statements.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  8. David Ian Schoen

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    Contributor Level 20

    2

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    Answered . Usually if there is no wc it makes a personal injury claim easier.

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