Legal Question in Workers Comp in California

I am a 62 year old woman that was assaulted while doing property inspection for properties that are in foreclosure or trouble with Bank of America. The man was arrested on three felony counts. Kidnapping, assault, and grand theft.He was held for three days and then they had to release him pending further investigation. The officer told me the judge would issue a no contact and I did not have to file a restraining order. they did not and he was released with no bail. He has all my personal information. I contacted the vendor that issues my order for Bank of America and all they say is you are an independent contractor to see about filing workman's comp and what doctor to go to to have a mental health assessment but they refused. I have gone to my personal physical and my first session. It is said I am in acute stress. Where do I go to file for some sort of benefits. SSI or unemployment, temporary disability? Who is responsible for this?


Asked on 9/02/11, 12:12 pm

2 Answers from Attorneys
Anthony Telleria Telleria,Telleria,& Levy, LLP

It sounds like you need to file a Workers' Compensation claim due to the amount of stress you are experiencing with your employer. You can go on EDD which is State Disability if a doctor clear's you for that. Due to the high level of stress and fear you are experiencing for this traumatic event that shouldn't be a problem. We can discuss further options in person. Please contact our offices at (626) 585-0017. Thank you.

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Answered on 9/02/11, 1:03 pm
David Lupoff Law Offices of David B. Lupoff

Who said you are an independent contractor? And who exactly established your status?

They only claim you are an independent contractor, but there are several factors which must be explored before one can draw such a conclusion.

Please feel free to contact me at 818.385.0520 to discuss.

Thank you.

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Answered on 9/05/11, 7:25 pm


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