Legal Question in Insurance Law in California

my health insurance will not pay my injury

My son is a CA licensed contractor. He claims no employees and therefore exempted from carrying worker's comp. I want to help my son on a construction project, and the property owner wants me to sign to waive my rights to sue him or his insurance for potential on the job injury, and that I should file claims against my own health insurance policy. My health insurance said in that case they will not pay. Can I turn back and recover from the property owner? I have called many local attorneys to buy an hour's time to get advice, and no one is interested.


Asked on 5/10/07, 3:15 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: my health insurance will not pay my injury

You were already hurt after signing a waiver? Or have you not signed it yet? That is unclear.

What I do know is that if you are going to work for your son, he should have workers comp coverage. If he doesn't, and you are hurt, you may be able to sue him for the medical bills. I dont think anyone wants that to happen.

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Answered on 5/18/07, 2:52 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: my health insurance will not pay my injury

The workers' compensation courts will ignore the waiver, and the property owner and your son will be jointly and severally liable for your injuries. The property owner is foolish to hire your son who has no workers' comp insurance, your son is foolish for not having it, and you would be foolish to work for him until he gets it. And your health insurer would rightfully refuse to pay for your injuries, or, at best, they would sue your son, the property owner, and the State Uninsured Employers Fund, who would turn around and sue your son and the property owner, and your son would lose his contractors' license.

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Answered on 5/18/07, 2:59 pm


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