Legal Question in Workers Comp in California
I was injured at work in april 2009. I didnt file because i was threatned of loosing my job and 19 others also. My boss paid cash for my surgical operation. I took off 10 days without pay. Then returned on super light duty. The pain progreesed and i decided to file in august. Is my employer responsible for backpay and penalties from the date of injury? Is he in trouble for not reporting a serious injury? My claim is being sort out as i type this. just want to know what to expect
1 Answer from Attorneys
You are entitled to temporary disability payments [about 2/3rd of pay to a maximum amount] from the time you first were off work until the condition no longer impoves. Your boss can get into trouble for threatenilng to fire you because of the industrial injury and his current WC carrier will pay for the injuries but probably drop him from coverage and he might have a difficult time getting any [or it might be so expensive that he can not afford it; State Fund will insure anyone but the rates may be very high]. You probably can collect penalties for the failure to provide timely benefits. You may what to do to an attoreny who does WC mainly to be sure you get all of your benefits.
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