Legal Question in Workers Comp in California
Uninsured Employer & 1 Year Statute
I was injured while driving between clients on 1/31/2004. My employer was uninsured, but paid for initial medical visits & my lost wages. However, he discouraged me from filing a claim. I was still in pain, he hadn't paid my medical bills yet & docs were threatening me w/ collections. He didn't respond to phone calls from me. I then threatened to inform the state he was uninsured, as I couldn't pay my doctor bills. In my threat, I informed him I needed his written acknowledgement that the accident occurred on the job. So, he wrote the letter I requested & finally paid them. Then, they backed off collecting from me. They also said I was fine when I was in pain. Since I was also worker's comp (he lied to them and told them it didn't happen on the job when we first registered with them), they refused to refer me to their pain specialist or PT. Since those docs wouldn�t treat me anymore, and I was still in pain (more than 30 days after the injury), I had a chiropractic exam. I asked my employer to pay for the exam, and he would not return my phone calls or the chiropractor�s, or pay. He told me to use UEF. I thought I could't file a claim b/c he never completed his part of my DWC-1. 10/15/05 was my last date of care. Can I file now?
3 Answers from Attorneys
Re: Uninsured Employer & 1 Year Statute
There is generally a 1 year statute of limitations on WC claims, but very often the WC court system will rule that some action on the employer's part waived or "tolled" the statute.
UEF cases are harder for WC attorneys to handle than insured WC cases and, frankly, speaking as a former state attorney representing the UEF, many WC attorneys aren't the brightest of bulbs and some don't know or don't care about the special procedural rules that apply to UEF cases. You need to immediately consult with a WC lawyer with specific experience in UEF cases (you need to ask probing questions about the extent of the lawyer's experience handling UEF cases).
You need to have your case filed with the WCAB, and have a Special Notice of Lawsuit served on the employer without delay. The California Applicants' Attorneys' Association, a local chapter, or your county bar referral service may be able to help you find an attorney.
Also, as an employee of an uninsured employer you would have had the additional right to sue in civil court but you may have missed the two-year civil statute of limitations. Again, a good lawyer may well be able to find an exception to the statute. Good luck.
Re: Uninsured Employer & 1 Year Statute
Michael Stone pretty much laid out your situation. I am a workers' compensation attorney who has the patience to file against UEF. Please feel free to contact my office at 818.385.0520.
Re: Uninsured Employer & 1 Year Statute
I am a Worker's Comp attorney. Please feel free to contact us at 213.388.7070 for a free consultation about your case.
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