Home > Research Legal Advice > Car / Auto Accident > I got into a car accident 7 days ago during work. I am a sale route rep....
Asked 4 months ago - La Habra, CA
FlagWhen the accident happened I felt a lot of pain but I went away..I just started feeling the pain again...I don't know what to do...I got a call from my boss and HR and all they were concerned about was letting me knowvthat next time I have an emergency I should have a plan. They had no concern for my health...what can I do I?
If you were injured while working, you should ask th employer to open a workers compensation case and report this to their work comp insurance carrier. You could also retain a workers comp attorney. If you were hit by a driver that wasn't employed by the company (i.e. a "third party"), you would also have a separate personal injury claim against that person, assuming they were at fault in the accident. You could retain a personal injury attorney to pursue a claim against them through their auto insurance carrier.
You can start to pursue a workers compensation claim- asked your employer for a DWC-1 form to report the incident and injury., You also have a third-party case against the at fault driver. Consult an attorney ASAP there are certain time limits for the employer to act. It is very important to get your medical care rolling.
I agree with the answers above. You should definitely look into filing a workers compensation claim since you were injured while in the course and scope of your employment. If you are also having symptoms of pain related to this incident, you should seek medical care to treat your injuries. This medical care would most likely be covered under your workers compensation policy or under your health insurance, if you have any through work. In addition, depending on the way the incident occurred, you may have a claim against the person who hit you (referred to as the third party) and would therefore benefit from meeting with a personal injury attorney. It is even more beneficial if the personal injury attorney is familiar with workers compensation in order to best advise you.
Do some research through Avvo for a good personal injury attorney in your area.
Good luck.
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Ilya D. Frangos, Esq.
Law Offices of Galine, Frye, & Fitting
411 Borel Ave., Suite 500
San Mateo, Ca 94402
Phone: 650-345-8484
Fax: 650-345-9875
www.dongaline.com
A person who is injured while on the job should receive workman's compensation benefits. A person who is injured in a motor vehicle accident which is not his or her fault should be able to recover from the other driver (or his/her insurance). If a person is injured in a motor vehicle accident while on the job and that accident is the fault of another driver, he or she can recover from the employer (insurance) and the at fault driver (insurance). What can be recovered is an issue that a workman's comp attorney and a personal injury attorney will explain.
- Paul
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com
"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.
You need to file a first report of injury form with your employers Worker's Compensation carrier. Obtain a copy of the report for your records and get a workers compensation claim number. Your medical treatment should be covered under your employer's workers compensation coverage, since you were on the job at the time of the injury. Assuming another party was at fault for causing the collision, you should contact a personal injury attorney to pursue your personal injury claim against the adverse party. If you have difficulty establishing a workers compensation claim, contact a workers compensation attorney.
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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.
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