valet driver ran over my foot!!
valet driver ran over my foot!!
I work for a towing company (police impound). I went on a call Friday night (10pm). The call was in Beverly Hills at a big shot hotel. The valet guys neede me to move a car for them because they did not have any keys for it. I decided to use go-jacks (wheel dollys) and push the car by hand (normal procedure) We move the car forward then back into place. As I was pushing the car back one of the valet guys ran over my right foot. Not only did he run over my foot but he stopped on top of me for a few seconds then put the car in reverse.
Now my boss is telling me that he doesn't want to go through our insurance (workers comp.) that the valet company should pay for medical bills and days missed. I talk to the manager of the valet company and he said that workers comp. should take care of that. I've never been in this situation PLEASE HELP!! what should I do!!!
Samaritan & Scholar
Originally Posted by LarryG
Your boss acted inappropriately (if, not illegally) by advising you NOT to file a workers comp claim.
You have a RIGHT to file such a claim.
You'd be a fool not to file a workers comp case.
You'd also be a fool not to hire your own workers comp attorney.
Don't worry about paying him/her.
He/she will get paid by the state and/or insurance company!
The California Workers Compensation law is designed to protect both the employee and the employer in the event of an on-the-job injury. California workers compensation laws provide guaranteed coverage to employees for medical care for their personal injury and, in many cases, provide guaranteed compensation during and after the recovery period as well. By seeking the services of our expert California workers compensation lawyers, you will be able to justify your stand easily.
In California, employers are required to carry Workers' Compensation insurance, or qualify for self-insurance to cover such injuries. This may cover benefits for lost earnings during recovery from an injury, reimbursement of medical expenses, and compensation for any permanent impairment or disability. Determining your eligibility and compensation can give rise to complex issues which may lead to disputes, and that is when you will need an experienced California Workers' Compensation lawyer advocating for you to make sure you receive fair payment and medical care for your injuries.
If you get hurt or sick because of work, your employer is required by law to pay for workers' compensation benefits. Workers' comp insurance provides six basic benefits: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits or vocational rehabilitation and death benefits.
Workers' compensation is the nation's oldest social insurance program: It was adopted in most states, including California, during the second decade of the 20th century. It is a no-fault system, meaning you don't need to prove your injury was someone else's fault in order to receive benefits.
The workers' compensation system is based on a trade-off between employees and employers. Employees are entitled to receive prompt, effective medical treatment for on-the-job injuries no matter who was at fault and, in return, are prevented from suing their employers over those injuries.
The vast majority of workers' compensation claims are resolved without any problems. However, sometimes a disagreement can arise between you and the claims administrator over issues such as whether your injury was sustained on-the-job or how much in benefits you are entitled to receive.
When a dispute like that arises, the Division of Workers' Compensation can help resolve it through its Information and Assistance Unit or by going before a judge at one of the division's 24 local offices.
Last edited by army judge; 08-18-2010 at 03:11 AM.
I offer useless information. You should seek legal advice ONLY from YOUR lawyer!
File the claim with your boss or HR person, and let the attorneys fight it out and make sure you hire a attorney who specializes in workers compensation cases to protect you and your right, do it NOW!
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