Legal Question in Workers Comp in California

canceling a claim, will I be charged?

I am an undocumented worker. I filed a claim on my previous employer who now wants to settle out of court. I would prefer to settle now, but my lawyer told me if I cancel my claim that I will be charged with filing a false claim, and that I will be imprisoned and fined. Is this true?


Asked on 11/02/06, 2:19 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: canceling a claim, will I be charged?

If you are not represented by an attorney the WCAB will review any settlement for adequacy. Therefore, settling out of court is not possible in the workers compensation system.

The fact that you are an undocumented worker makes no difference with respect to workers' compensation benefits. I suggest that you contact the I&A office regarding settlement.

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Answered on 11/07/06, 3:38 pm


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