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I got into a car accident 7 days ago during work. I am a sale route rep. They never asked me how I was or about the accident

La Habra, CA |

When 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?

Attorney Answers 8


  1. You need to see if your company has Workers Compensation and to start talking to them as soon as possible. If not, talk to a personal injury attorney as soon as possible.


  2. 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.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  3. 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.


  4. I agree with all my colleagues. Follow their advice and you will come out ahead. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  5. 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.

    --
    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

    Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not create any type of attorney-client relationship or preserve any rights and statutes relating to the individual claim.


  6. You have a workers comp claim, and if the accident was the fault of someone else, a claim against that driver as well. Retain one of the lawyers in your state who answered your question above. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. 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.

    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.


  8. 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.

    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.

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