Legal Question in Workers Comp in California

Is it against the CA law for a Staffing agency to be without workman's comp insurance????

And then obtained it or some kind of insurance ONLY after an employee got injured on the job. Are there attorneys that take these kinds of cases? we are having a heck of a time finding one.

My boyfriend was completing his 90 day probation with a company while working for them through a staffing agency. When one of the machines leaked fluid, he slipped twisting his knee and distroyed most of the cartilage. The staffing agency did nothing for 5 months but give him the run around then had their doctor remove the damaged parts. 2 months after the surgery we got a bill for $50,000. Now he has bone grinding on bone, did not get the job with the company, and the staffing agency is trying to ignore him.


Asked on 2/07/11, 1:12 pm

1 Answer from Attorneys
Alison Gude, Attorney Law Office of Alison J. Gude

It is illegal for any employer to fail to have workers' compensation insurance. If an employer does not have insurance, and an employee is injured, the employee must file a claim with the Uninsured Employers Benefit Trust Fund. I would contact your local Workers' Compensation

Appeals Board Information and Assistance Unit to obtain information about filing procedures and deadlines. You can also locate workers' compensation attorneys that may be interested in taking the case by going to the California Applicant's Attorneys Association at www.caaa.org.

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Answered on 2/08/11, 10:19 am


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