Legal Question in Workers Comp in California
False worker's comp claim
I had a subcontract employee whom I recently laid off due to lack of work. Since his exit date, he has filed a wc claim - although he never notified me of any injury. I believe he is disgruntled due to the layoff. What can I do?
2 Answers from Attorneys
Re: False worker's comp claim
1) are you responsible to carry comp. insurance for such an employee?
2) you have a post termination defense, which is quite strong in a psyche case. However, for other types of cases, if there is a medical report showing an injury prior to the termination, then you will have a difficult time. Refer the case to your comp. carrier and move on. Remember, State Disability pays at twice the rate of unemployment insurance, and it is tax free. Note that filing a false comp. claim is a felony.
Re: False worker's comp claim
1) are you responsible to carry comp. insurance for such an employee?
2) you have a post termination defense, which is quite strong in a psyche case. However, for other types of cases, if there is a medical report showing an injury prior to the termination, then you will have a difficult time. Refer the case to your comp. carrier and move on. Remember, State Disability pays at twice the rate of unemployment insurance, and it is tax free. Note that filing a false comp. claim is a felony.
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