Visitor Question

Injured in auto accident caused by my boss…

Submitted By: Henry (KY)

I was in the passenger side of the vehicle going from one job to another and my boss was driving. He ran a red light causing us to be broad sided on my side. He told me to use workmans comp and go to the emergency room.

I’ve been told I need physical therapy and not to do hard labor, which is what my job mainly consists of. This happened 2 days ago. Is this a workmans comp issue even though we were not on a job site, and I’m injured due to my boss not stopping for a red light?

I contacted an attorney who told me that if I wanted to keep my job I better not pursue the issue. That was BEFORE I was told I’m unable to work. My boss only knows I went to the ER and my back wasn’t broken…nothing else at this time. I’m not sure what I’m suppose to do next. Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Henry,

Workmans Compensation benefits in Kentucky cover employees when on the job, whether on site or when traveling on company business. In your case it is clear you were traveling while on the job while going from one job site to another.

The Attorney with whom you spoke was correct when she said you can be terminated while on leave for a work related injury even while receiving Workmans compensation insurance benefits.

You can and you can’t be terminated while on Workmans Compensation. Let us explain…

If you are unable to function at your current position as a result of your injury and your employer fills that position, let’s say because her company cannot function properly with that position unfilled, your termination can’t be challenged.

On the other hand if, as a result of your injury you become disabled, and your employer terminates you as a result of your disability, you can challenge the termination under the Americans with Disabilities Act. You cannot be terminated from your employment as a result of a disability. There is a fine line between disability and serious injury. Regrettable many of those cases result in litigation.

You asked what you are supposed to do next. You should consider the options we set out above, including possibly speaking with your boss and asking her if you can be reassigned to another less labor intensive position. Explain to her you will be able to resume your job duties at the earliest possible time, and as soon as your therapy is completed.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 20, 2011

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