Legal Question in Workers Comp in California

Workers Comp Suit- Wrong Party

My father has a contractor's liscense with the state of California but has never used the liscense. We were issued a demand letter by a law firm asking for employment documentation and other papers for a person who had died in a construction accident of which we had no knowledge. The law firm stated that we were employers of deceased even though my father has nothing to do with the contruction job where he died. We wrote a letter back to the law firm stating that they had the wrong party, but we were issued another demand letter. How can prove that we did not employ the deceased person and have nothing to do with the construction job? Is there a way to find out how they obtained the contractor's liscense number and if someone is using it w/o our knowledge? Do they have to prove that there is an employee/employer relationship to collect workers comp damages?


Asked on 11/21/06, 7:57 pm

1 Answer from Attorneys
Mina Tran PALMER & TRAN, LLP

Re: Workers Comp Suit- Wrong Party

Being named as a party in a lawsuit is a serious matter, work. comp.is no different. You should obtain legal representation because if the injury is legitimate and there is no insurance, the UEBTF (uninsured employer benefits trust fund) a State Agency, can place a lien on property or other assets to cover the costs that they pay out in benefits to the injured worker. You will need to defend the allegations against you. Please call or email us to set up a free initial consultation if we are in your area. The Workers' Comp partner is a State Bar Certified Specialist in Work. Comp. law with over 30 years experience. See www.palmer-tran.com

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Answered on 11/27/06, 7:19 pm


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