Legal Question in Workers Comp in California

workers comp question

I found that my employer didn't have workers comp. so I filed under uninsured comp. Should I get reg workers comp pay? or do I on get Disability? I am waiting on an answer. Thank you.


Asked on 10/14/08, 4:28 pm

2 Answers from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: workers comp question

Yes, you should get regular benefits as required by the Labor Code. However, there are many steps that must be followed. You cannot do this without an attorney. If you do not have an attorney you should get an attorney in your area.

Here are the steps you need to follow: Advise your employer in writing. Ask him/her for a "Claim Form". It is very important that you have written documentation. If they do not give you a claim form, write something up and make sure you keep a copy. It is better if you get someone to sign it.

Next, your employer is required to send you to a doctor. If they do not have w.c. insurance, they will most likely not send you to a doctor. They have 3 days to send you to a doctor, if they do not, you can go to a doctor of your choice.

There are many steps that an attorney must do (i.e. personally serve certain paperwork, join the Uninsured Employers Benefit Trust Fund, set up medicals, and get into court as soon as possible)

I happen to be an attorney who does take uninsured employer cases. You need to act quickly so we can get into court to start getting your benefits.

If you are unable to work, you are entitled to medical care and disability payments. It takes some time to get the uninsured employers benefit trust fund joined in the case, so in the meantime you must apply for State Disability.

My office has hundreds of uninsured cases as it is one of the areas of law that I practice. I do not charge a fee for consultations nor any costs that my be needed. I can find you a doctor and get your benefits as soon as we get the Uninsured Employers Benefit Trust Fund involved. As long as your employer is still in business and we can effectuate "personal service" on them. As I stated it is a complicated process and an attorney needs to do it. You can try and do it without an attorney as you are not required to have an attorney, but these are complicated cases.

If you would like to contact me directly please do. You can contact me at my office or by email.

My email address is:

[email protected]

You are free to call me personally at:

Law Offices of Samuel L. Salazar

617 W. 7th St. Suite 402

Los Angeles, CA 90017

You can call my office for consultations.

I do not charge for consultations and if I decide to take your case, the fee's are paid at the end of the case and if the employer is trully uninsured they are required, by law, to pay me my attorney fees. So you can see it won't cost you anything to get an attorney. By the way, the attorney fee's are only 15% of the settlement amount I get for you. My office will front any costs (which are minimal) that you need. I also have doctors that will do it on a lien basis. This means they will wait until the case is settled and they too will be paid by the employer or the Uninsured Benefit Trust Fund, once we get them joined.

Good luck and feel free to contact me as soon as possible.

Samuel L. Salazar

Attorney at Law

Read more
Answered on 10/26/08, 8:19 am
Samuel Salazar Law Offices of Samuel L. Salazar

Re: workers comp question

Yes, you should get regular benefits as required by the Labor Code. However, there are many steps that must be followed. You cannot do this without an attorney. If you do not have an attorney you should get an attorney in your area.

Here are the steps you need to follow: Advise your employer in writing. Ask him/her for a "Claim Form". It is very important that you have written documentation. If they do not give you a claim form, write something up and make sure you keep a copy. It is better if you get someone to sign it.

Next, your employer is required to send you to a doctor. If they do not have w.c. insurance, they will most likely not send you to a doctor. They have 3 days to send you to a doctor, if they do not, you can go to a doctor of your choice.

There are many steps that an attorney must do (i.e. personally serve certain paperwork, join the Uninsured Employers Benefit Trust Fund, set up medicals, and get into court as soon as possible)

I happen to be an attorney who does take uninsured employer cases. You need to act quickly so we can get into court to start getting your benefits.

If you are unable to work, you are entitled to medical care and disability payments. It takes some time to get the uninsured employers benefit trust fund joined in the case, so in the meantime you must apply for State Disability.

My office has hundreds of uninsured cases as it is one of the areas of law that I practice. I do not charge a fee for consultations nor any costs that my be needed. I can find you a doctor and get your benefits as soon as we get the Uninsured Employers Benefit Trust Fund involved. As long as your employer is still in business and we can effectuate "personal service" on them. As I stated it is a complicated process and an attorney needs to do it. You can try and do it without an attorney as you are not required to have an attorney, but these are complicated cases.

If you would like to contact me directly please do. You can contact me at my office or by email.

My email address is:

[email protected]

You are free to call me personally at:

Law Offices of Samuel L. Salazar

617 W. 7th St. Suite 402

Los Angeles, CA 90017

You can call my office for consultations.

I do not charge for consultations and if I decide to take your case, the fee's are paid at the end of the case and if the employer is trully uninsured they are required, by law, to pay me my attorney fees. So you can see it won't cost you anything to get an attorney. By the way, the attorney fee's are only 15% of the settlement amount I get for you. My office will front any costs (which are minimal) that you need. I also have doctors that will do it on a lien basis. This means they will wait until the case is settled and they too will be paid by the employer or the Uninsured Benefit Trust Fund, once we get them joined.

Good luck and feel free to contact me as soon as possible.

Samuel L. Salazar

Attorney at Law

Read more
Answered on 10/26/08, 8:19 am


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