Legal Question in Employment Law in California
Dont know what to do
I worked 5 yrs for a self employed contractor. He came to me and asked that I work for him, because I was the best in the field he knew. I hurt my back in the later part of October 2006, and he wouldn�t pay for treatments nor provide workers comp info. I went to a chiropractor and could only afford 2 treatments. I was still forced to continue the same work I was doing, after about a month I ended a sexual relationship with him and he then fired me. he refused to pay the entire amount of my last pay check. He only paid partial. Throughout the course of employment, he refused to provide the same benefits (insurance, reimbursement for vehicle, retirement, and a business check) he was providing to a other male employee who had only been employed 2 yrs. I was told if I wanted a job this was how it had to be. He would only pay me in cash, but was withholding. After I applied for unemployment I was notified he had never paid into it, along with the other things he was supposed to pay into. I don�t know what to do, I still have a back problem along with no job.
2 Answers from Attorneys
Re: Dont know what to do
You have the right to WCAB insurance benefits, and if not provided by the employer, he becomes personally liable for your medical treatment and related damages and costs. You also have claims for the improper withholdings, wages and benefits you are owed. You'll have to file a civil case to pursue and recover those amounts. Feel free to contact me when you decide you need legal help doing so.
Re: Dont know what to do
Regarding your back problems, because it is work-related, you can initiate a worker's compensation case against your employer. In case, he doesnot have Worker's Compensation Insurance, you may join Uninsured employers Fund to step in as the insurance company. Feel free to call us at 213.388.7070 for a free consultation about your case.