Legal Question in Workers Comp in California
Can my employer open a work comp claim?
Can my employer open a work comp claim, in my name, without my consent and with my explicit instructions not to?
When they opened the claim, they picked a date of injury that (even if I was hurt at work) would be false. They also diagnosed me, and the diagnosis is not based on medical fact. They just picked the diagnoses out of the air. They have also not sent me a copy of the claim, and I have made several requests for the past three weeks both to my employer, and to the insurance company.
I want the claim withdrawn, but they said the only way to do so, would be to write a letter stating that the injury was not work related. Then the insurance company would deny the claim. My problem is, I don't want to have a claim (denied or otherwise) in my name that is fraudulent.
So, What Do I Do?
1 Answer from Attorneys
Re: Can my employer open a work comp claim?
something is odd here because no employer wants a claim on their insurance for it raises the rates. If you are certain that a fraudulant claim has been filed, then you should call the district attorney and asked to speak with the deputy who handles workers' compensation fraud. however, I fear that you are still working at the firm, thus calling the DA might create problems that will eventually result in more litigation if you lose your job.
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