What can I do if my injury is preventing me from working? 3 Answers as of January 20, 2012
My ankle was scraped by a car while I was working. I talked to the driver but then let her go. She offered to speak to the supervisor but I declined. If the injury prevents me from working, can I sue the driver? If I cannot, can I file for worker's compensation? Can my employer go after the driver? Thanks.Free Case Evaluation by a Local Lawyer!
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Law Offices of Michael Stephenson | Michael Stephenson
Yes, you can sue the driver if she was negligent and caused you an injury. If the injury is causing you to miss work, then you can sue for lost wages. If the injury will cause you to lose work in the future, you can sue for loss of earning capacity. You can also sue for the pain and suffering and stress and anxiety that the injury is causing you.
Answer Applies to: California
Replied: 1/20/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If you were hurt on the job, your remedy is workers comp. You may also sue the driver separately but workers comp is also entitled to receive any funds you recover up to the amount it has paid.
Answer Applies to: California
Replied: 1/20/2012
Gilbert & Bourke, LLP | Brian J. Bourke
In California, you can and should commence a worker's compensation claim which will provide you with medical care and temporary disability if your doctor takes you off work. You and your WC insurance carrier would also have a claim against the driver's insurance company. You should contact an attorney near you who handles these types of claims.
Answer Applies to: California
Replied: 1/20/2012
