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BorisTheSpider · 05-26-2008, 04:10 PM

I live in Florida and work for a mobile locksmith company. Basically, we drive around and open cars, pick locks, and perform minor roadside services, like tire changes and jump starts. I drive my own vehicle, but I am an on-call employee, and I get paid commission on the jobs I pull. I am also a "call coordinator" which is basically a supervisor. I get a *very* tiny salary for that work.
Almost two weeks ago now, I was involved in a car accident (which totalled my car) and sustained a sprained ankle (thank goodness it wasn't any worse - it could have been). Obviously, this means I can't drive for the time being, which means I can't earn any commission. I can still perform the supervisor duties, and earn my pithy salary (to give you an idea, it's under $200 for every bi-monthly paycheck - more like a small bonus).
I do have insurance on the car, including some sort of special coverage I had to get for the job I have. So far, I've spoken briefly with my car insurance company, and they seem to be capable of covering the bills, even if it requires a deductible. I have no medical insurance outside the car insurance.
I'm confused about whether I should file for worker's compensation, or maybe call an attorney or somesuch. My goal obviously isn't to rip anyone off - just to make sure that I get what I have a right to, so that I'm not stuck with huge bills, and a lack of a job.
Right now, one of my bosses is on his way to collect my tools - something normally reserved for employees who are terminated or quit. He has assured me that that's not the case, but I just don't trust him (or more specifically, HIS boss). I feel I have been more than reasonable in not asking for any special considerations, except that I can't perform the normal actions of the job while my car is totalled and my ankle is sprained.
I don't know - maybe this isn't even a worker's compensation question, but can someone help clear it up for me?
Thanks.

jayne · 05-26-2008, 05:15 PM

Better get a law firm that does both personal injury and comp cases...were you at fault? could be a messy time....

BorisTheSpider · (This post was last modified: 05-26-2008 09:16 PM by jbwelch.)

jayne Wrote:Better get a law firm that does both personal injury and comp cases...were you at fault? could be a messy time....

I wasn't at fault, but there's going to be a tough time proving that. Florida is a no-fault state, which means that, nobody has to be cited, and each person's own insurance covers that person - as far as I understand it. My adjuster told me that the other guy's coverage would pay for my car, if he was indeed shown to be at-fault. Problem with that is that the accident occurred at 3:30AM, and that driver and I were basically the only two who saw it.

I'm awfully hesitant to begin litigation if it can be avoided (which I guess makes me a perfect employee to some). I just wasn't sure that it would be entirely appropriate or necessary, but I suppose I gotta do what I gotta do to protect myself and my own.

No offense to Jayne, but anyone else have a thought on it?

Update: I brought up the possibility of worker's comp with one of my bosses (same as above), and was told this could not be a worker's comp claim because I was not on my way to a job. Only hours later, another boss called me up to fill out an incident report required by the company in an incident like this (she was supposed to get it taken care of the day of the accident, but this is pretty much par for the course with the way they work - one reason I never got to enroll in Aflac coverage - they just drag their feet). I hate to say it, but it definitely sounds like I'll have to hire an attorney in this case, as I'm sure the owner (so many levels of bosses above my head that I've never met him) has a high-priced one or two working on it also. The way I see it, if I can claim the mileage (as we were informed during a meeting with the #2 man, just below the owner) according to the IRS, and if they HAD TO fill out an incident report, then this falls in the realm of their responsibility.
Also, I wanted to point out, that I meant absolutely no animosity toward Jayne. Sometimes, text just looks that way. I was just hoping to hear a second voice to confirm, and I wouldn't mind hearing your take, Jayne, given all the new info.
Thanks!

BorisTheSpider · 05-26-2008, 10:25 PM

jayne Wrote:Better get a law firm that does both personal injury and comp cases...were you at fault? could be a messy time....

Also, I should ask, what do I need to look for in an attorney, and what type of questions/statements are important to be voiced when I do?

jayne · 05-26-2008, 11:08 PM

just make sure they can handle both WC and personal injury most often thats a firm that can handle both....

Lilly · 05-27-2008, 08:06 AM

Hi...One word of caution on lawyers.
Steer clear of the ones that advertise on TV.You need a lawyer well versed and certified in WC AND Personal Injury...possibly two different lawyers if need be.
Good luck & get on the phone & start interviewing those attorneys asap, as it sounds like you are going to need their services.
take care, Lilly Wink

Bad Boy Bad Boy · 05-27-2008, 09:06 AM

You did not state that you where going on a call?

Even though you may be on call 24 x 7, doesnt mean you are a covered injury for work.

You would have to be going on a call for work, or returning from a call, to say it is a work comp claim, and an injury on the job.

BorisTheSpider · 05-27-2008, 04:08 PM

Bad Boy Bad Boy Wrote:You did not state that you where going on a call?

Even though you may be on call 24 x 7, doesnt mean you are a covered injury for work.

You would have to be going on a call for work, or returning from a call, to say it is a work comp claim, and an injury on the job.

Yeah, I had just finished a call. I wasn't even a block away from the finished call when it happened. Definitely returning from the call.

Thanks for all the help, everyone. I'm going to start some calling now. Unfortunately, I'll probably have to call one of the attorneys who advertise "no payment unless we win" or whatever. And that may mean a TV attorney.

***kate*** · 05-27-2008, 04:47 PM

In Florida, "Going and Coming" to or from work is not usually covered. HOWEVER, you say you are on call 24/7 and were returning from a job so there may be an exception. And regardless of fault, if it is found to be an exception to the Going and Coming rule, you would be covered.

Any Work Comp Attorney does not get paid in Florida unless they get you benefits so you don't have to worry about which one for that reason. If you go to the "Comp Yellow Pages" tab on the top of this page you can see if there is an attorney here in your area.

BorisTheSpider · (This post was last modified: 05-27-2008 06:51 PM by jbwelch.)

kate Wrote:In Florida, "Going and Coming" to or from work is not usually covered. HOWEVER, you say you are on call 24/7 and were returning from a job so there may be an exception. And regardless of fault, if it is found to be an exception to the Going and Coming rule, you would be covered.

Any Work Comp Attorney does not get paid in Florida unless they get you benefits so you don't have to worry about which one for that reason. If you go to the "Comp Yellow Pages" tab on the top of this page you can see if there is an attorney here in your area.

Thanks for that info. I've only been in Florida a little while, and don't know how a lot of it works here. Also, thanks for the tip about looking to the links here for an attorney. I did find one and am contacting him also.