Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins
Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal car and did not see a semi stopped at red light and hit the back of him with his step son in the passenger seat. Both not seriously injured but verysore for the next couple days- boss would not let him take time off and is not concerned about the fact that my sons paid off car is totaled on company business. This McDonalds owner has jerked my son at round for YEARS - demoting, promoting as he sees fit according to how store is performing. My son is sick from the stress- is 6’2” and weighs 140lbs. The other driver in the semi is suing for personal injuries to self. (No damage to his truck he drove away after police came). We need help!
A: Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the semi-truck driver will go after. If he does, his insurance should represent him in that claim. What your son should be doing is filing for workers' compensation, which covers you when you're hurt at work and provides a percentage of lost wages while out of work and medical care. Hopefully, he's reported this accident to his employer within 30 days of the accident, which is required. His employer may argue that he wasn't working at the time, but a personal errand for your employer can be covered. More information will be needed, but, in my opinion, work comp is the way to go for your son. Unfortunately, his car being totaled isn't something covered under work comp though. I'd highly recommend that your son consult with an attorney licensed to practice law in Florida and who regularly handles workers' compensation cases.
Mitchell Feldman and Charles M. Baron agree with this answer
A: Additionally the injured person will make a claim against your employer. But if there’s any employment law issues aside from work comp such as not being paid for this time or other overtime consult an employment lawyer
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