Legal Question in Education Law in California

My company has made me vice president of our Corp. They have taking me off workmans comp. My position and pay remands the same. Is this legal?


Asked on 7/23/10, 6:19 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

WC has to be provided for all employees of a business. If you were an owner of the business you could not be covered, but your current status is still as an employee. But you have to be diplomatic silnce you have just been elevated in title although nothing else. Even if they do not claim you as an employee for WC purposes, if you should get injured you can make a claim just as though you were officially included. The WC insurance carrier will then investigate the Corporations entire payroll and back charge for payments that should have been made. You might be able to use that to go to the president of the company and point out that that error in personnel could be very costly to the corporation [see if you can find 1-2 other points so it does not seem you are just focused on WC--you can say you were at a party and told people of your promotion but one was a WC attorney and told you of the mistake some companies make].

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Answered on 7/27/10, 8:13 pm


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