California Workers Compensation?
I had a job in california and was injured while working. My injury required surgery and is a permanent partial disability. I found out my employer who has 5 retail stores, did not pay her workers compensation insurance during the time i was injured although she has it now. she tried to work it out with me but when i refused she fired me. i have cobra which is paying for my medical but she refuses to pay anything. i have a lawyer and he is trying to settle with her but she claims to not have much money although i know from working with her for 10 years she does quite well i would say making a profit of 200k or more a year. she has a hearing scheduled with the workers comp board but i understand she may face penalties. is that true? what is the likelihood the she will? my attorney says we i don’t have to settle for the what the workers comp would have paid had she had it but can receive more for future med and pain. any help?
Your employer was required by law to have workers compensation insurance. Since you were injured while working (and there is no question about that) – you are entitled to compensation.
Since you are not suing the workers comp insurance carrier, you might not get as much from the owner, which is why
your attorney will probably settle with her. I think that you will get much more than workers comp would have paid. I would go for as much as possible on this one, (try to quantify the pain and suffering). Any court will see that she did not have insurance and will try to make an example of her, which is what they do to keep everyone else from cutting corners.
Good Luck!
LISTEN to your ATTORNEY… thats’ what you have him for. No one on
a message board can or should step in on your attys plan. Your ER
is in trouble, if she doesn’t have the WC coverage, she CAN be sued
in civil/tort arena. She has kicked her own ass on this one.
Hopefully for her sake she has been succesful as you think. She’s
going to see shit flung her way real soon.