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I left keys in ignition, manager drives off in Bobtail with me in the back of truck unknown to him & I fallout and get injured

Murrieta, CA |

I was sweeping the cargo area of the 24 ft bobtail when a manager drove off in the truck with me in the back screaming and banging a broom against the walls of the truck and I fallout of the truck and get injured. The entire management knew I was outside cleaning the bobtail despite I left the keys in the ignition. Do I have a case to sue my employer?

Attorney Answers 10

Posted

Your remedy is to file a Workers Compensation claim with your employer. You might also want to consult with a Workers Compensation attorney. Use the Find a Lawyer tab to find one in your area. Best of luck to you...

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18 lawyers agree

Posted

You have a right to compensation but it is called Workers Compensation. You ask a claim form from your employer and go see your doctor and you will be paid a percentage of your wages. Best of luck.

This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. 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, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, 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. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.

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20 lawyers agree

Posted

No, but you can retain a workers compensation lawyer to pursue workers compensation benefits.

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Posted

If the guy who drove off in the truck doesnt work for the same employer as you, you may have an injury claim against him and his employer. Otherwise you have a work comp claim.

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Posted

You are most likely limited to filing a Workers' Compensation claim, assuming the manager worked for the same employer. If he did not, then you may be able to file suit against his employer for your injuries and other damages. I wish you the best.

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19 lawyers agree

Posted

Sorry to hear about this awful accident. Go get a reputable workers' comp. lawyer. Do not hesitate.

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Posted

I'm not familiar with California workers comp law, but in states like Texas employers have the option of whether to enroll in workers comp. Only if your employer was not enrolled in workers comp or if you met very limited exceptions could you directly sue your employer.

This answer is for general information purposes only and does not constitute the formation of an attorney-client relationship.

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Posted

Normally, you would have a Workers Compensation claim against your employer as you were hurt "on the job". However, if your employer does not have Workers Compensation insurance, you may be able to pursue a negligence claim against your employer. You need to find out if your employer does have Workers Compensation insurance and what needs to be done if they do have insurance. You may need to retain the services of a Workers Compensation attorney. Many provide a free initial consultation. Best of luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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1 comment

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

As always Attorney Crosner always adds something to the analysis that most of us miss. Great answer!!!

Posted

You can file a workers compensation claim. Thats it.

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Posted

Hire a California Workers Compensation Attorney. Good Luck!

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