Legal Question in Employment Law in California
Worker's Comp - penalty?
My former Employer, a General Contractor, doesn't have Worker's Compensation.
How much will be his penalty for not having WC Insurance?
This is part of a whole mess. He owes me back pay, for materials, and more.
2 Answers from Attorneys
Re: Worker's Comp - penalty?
It depends on whether you suffered a work related injury with no worker's compensation coverage. You may sue the employer for full damages if there was no coverage, with a rebuttable presumption of liability and attorney fees. The Worker's Compensation Appeals Board can assess separate penalties if a work comp claim is also filed.
Re: Worker's Comp - penalty?
Unless you're injured on the job, it doesn't matter to you, although he may face state penalties. If you were injured, he must either provide coverage under WCAB, or pay your meds and disability payments himself. If you've been injured without WCAB and have to go after him, feel free to contact me to discuss your rights and risks in this matter.
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