Legal Question in Workers Comp in California

worker's comp. question

was injured 4 7 06 @ wk injured back. currently being seen by dr. old employee hasnt sent me w2. WC sends me min. amoutnt. how can I get loss wages and get old boss to send w2?


Asked on 5/08/07, 11:18 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: worker's comp. question

Workers' Compensation payments are not taxable. You should check with the IRS but I suspect no W-2 should be sent out because you are not earning wages [except for the beginning of 2006]. If that is the period you are worried about, and he still will not give you a W-2, you can report him to a state agency handling that [Fair Employment?]. If you are not represented by an attorney knowledgeable in WC law, call the local WCAB to set an appointment with the legal adviser there to find out if you are being paid at the right rate. If you would never be able to go back to the same type of work, you could get vocational rehabilitation training and benefits. Once your condition is no longer going to improve any, you are entitled to get permanent disability benefits. Unless some one else not employed by your boss caused you to become injured [then you could sue that other person for negligence] you can not get your back wages paid. You get temporary disability payments as a partial payment for lost wages. If you have a contract or belong to a union, you might be entitled to more than the temporary disability benefits.

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Answered on 5/15/07, 6:17 pm


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