Legal Question in Workers Comp in California
Uninsured Employer - Injured On the Job
Retail store GM for 13 yrs.injured at work 18 mon ago. Went to a Co. dr. Learned employers WC insurance had lapsed & I was refused treatment. Employer threatened to terminate me if I did not use my company health insurance for treatment- which I did. Doctor advised not to work but cont as they had not mod duty taking lots of pain meds to get through 10-12hr days- After 4 mon I could no longer tolerate the pain and informed my employer the matter needs to be resolved- fired the next day. I have since been on Cobra- and am scheduled for a 2nd surgery- MRI shows permanent damage, I have been advised to not return to this type of work. I have been on state dis and lived on savings. Filed BK, and going to college to transition to another job. Hired an attorney-sent a letter to employer with no answer, so now a claim must be filed. State disab ends in 2 wks and without it forced back to managing against the doctors orders or ?? Interviewing for entry level jobs= paycut of 50% of prior income- I heard about a fund for uninsured employers- is this an option? Don't want to jeopardize a civil claim - I am looking to this fund for a short term res and the civil claim for the long term. My cobra is also expiring. Specific suggestions?
3 Answers from Attorneys
Re: Uninsured Employer - Injured On the Job
The fund that you heard about is a state agency called Uninsured Employers Fund or UEF and this agencty steps in by an order from a Worker's Compensation Judge upon your petition. If your injury accumulated over number of years i.e. back pain starts 5 before your termination and does not have a specific time, there are ways to check if there was worker's Compensation Insurance in any of those years. So if you need further assistance about your case contact our office to discuss your options.
Re: Uninsured Employer - Injured On the Job
You need to ask your attorney EXACTLY how much experience he has litigating Uninsured Employer Fund (UEF) cases. THe procedures are complicated, and many WC attorneys screw up UEF claims very badly. If you're not completely satisfied with the answers you get, get another attorney. I used to litigate UEF cases as a state attorney, please feel free to email or call me.
Re: Uninsured Employer - Injured On the Job
UEF is a fund that fronts the money for uninsured employers in order to pay for an injured worker. Dealing with UEF is a very difficult process and it would be best if you hire an attorney. As an aside, if your injury is a cumulative trauma (an injury that occurred over a period of time) rather than a specific injury (a fall, etc.), then you may have some recourse against your employer's former insurance company depending on the periods of your cumulative trauma. Please feel free to contact my office at, 818.943.0462 should you desire further assistance.
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