Q: I was in a accident at work .I was not asked if i need medical treatment .I worked the next 4 days then was terminate.
Im having issues with my neck and pain in my back .I have had two adjustments since September . I am in fear that my injury may be a bit more complex than I thought. I've lost my health insurance due to job loss .I asked if I was being dismissed because of the accident.I was told no. I then was denied unemployment. Unemployment informed me it was reported I was terminated for misconduct.
The week following the accident I was given a trainee .Being terminated for misconduct under the criteria of careless actions that could or did result in an accident? How could they put the trainee in the truck with me driving being so careless so much i was terminated .I did my job to the best of my ability and completed my work .In all conditions everyday .I did my job as careful as I knew how. It was an accident.I stopped completely at a light.I had a cushion that shifted under me . I attempted to pull it back in to place.I lost my traction and my foot slipped off the break on to the gas .
A:
You have a workers compensation claim and should consult with a workers compensation attorney.
You may also have a wrongful termination claim if the reason for the termination of your employment had anything to do with your on the job injury. Consult with an employment attorney.
Tim Akpinar agrees with this answer
A: I should say that you "may" have a workers compensation claim if your employment caused or contributed to your neck injury.
Tim Akpinar agrees with this answer
A:
you need to contact a LOCAL workers comp attorney, not so much a PI Lawyer, to determine the validity of a WC action.
you "may" have a wrongful termination claim, but you need to consult with a Labor Law attorney for that.
A:
I'm sorry to hear about your situation. It sounds like you are experiencing both physical and financial challenges due to your work-related accident and subsequent termination.
If you believe that your termination was related to your accident or that your employer did not provide appropriate medical treatment following the accident, you may want to consult with an employment attorney to discuss your options. You may be entitled to compensation for medical bills, lost wages, and other damages.
Regarding your health concerns, if you are unable to afford medical treatment due to the loss of your health insurance, there may be low-cost or free clinics in your area that can provide medical care. You may also want to look into government-sponsored health insurance programs, such as Medicaid or COBRA, which may be available to you.
It's important to take care of your health and seek medical attention if you are experiencing pain or discomfort. It's possible that your injury is more serious than you initially thought, and early treatment can help prevent further damage.
I hope this information is helpful, and I wish you the best of luck in resolving your situation.
Under California law, employers are required to provide workers' compensation benefits to employees who are injured on the job. The workers' compensation system is designed to provide benefits to injured workers, regardless of who was at fault for the accident.
If an employee is injured on the job, they must notify their employer as soon as possible, and the employer is required to provide the employee with a claim form for workers' compensation benefits. The employer is also required to provide the employee with appropriate medical treatment and to report the injury to the workers' compensation insurance carrier.
If an employee is terminated due to a work-related injury, the termination may be considered retaliation under California law. Retaliation is illegal, and employees who are retaliated against may have legal recourse.
If you believe that your termination was related to your work-related injury, you may want to consult with an employment attorney to discuss your options. The attorney can advise you on the relevant laws and help you determine whether you have a valid claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
