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

Asked 11 months ago - 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)

  1. Manuel Alzamora Juarez

    Contributor Level 20

    20

    Lawyers agree

    Answered . 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... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    20

    Lawyers agree

    Answered . 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.

  3. David Herman Hirsch

    Contributor Level 20

    18

    Lawyers agree

    Answered . 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...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  4. Christopher John Gansen

    Pro

    Contributor Level 18

    18

    Lawyers agree

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

  5. Athanasius Thomas Servos

    Contributor Level 4

    19

    Lawyers agree

    Answered . 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.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    17

    Lawyers agree

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

  7. Matthew Malachi Daws

    Pro

    Contributor Level 4

    16

    Lawyers agree

    Answered . 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... more
  8. Albert Lee Crosner

    Contributor Level 18

    13

    Lawyers agree

    Answered . 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... more
  9. Richard Andrew Harting

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . You can file a workers compensation claim. Thats it.

  10. Gerald R Stahl

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Hire a California Workers Compensation Attorney. Good Luck!

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