Legal Question in Workers Comp in California

worker's compensation

My daughter is getting an addition done to her house and she needed someone to pick up the garbage/broken pieces of wood, small bricks etc.. the contractor had refused to do that. So, I got a temporary worker to do that. A week later that worker's lawyer sent me a letter saying that worker was hurt working here! There was absolutely nothing wrong with the guy when he left here and we called and told the lawyer that. Now, 4 months later I got a letter from the worker's compensation appeals board saying that a lawsuit had been filed! Apparently they tried to find worker's comp coverage information for me at my daughter's address and couldnt find any coverage (my daughter owns the place, not me). What do I do? this whole thing is just ridiculous and I have to reply back in 6 days. How do I tell them that the workers claim is nonsense, he was just fine when he left here.

Pls help!

thanks.


Asked on 5/12/04, 10:06 am

1 Answer from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: worker's compensation

For casual employment, you and your daughter's homeowner's insurance may have coverage. Forward the letter you received to your homeowner's insurance requesting that they defend and indemnify. Let them know about what you think about the claim so that they may properly defend it. However, don't assume that someone cannot have a significant injury even when they left the property without complaining. It could be they were injured somewhere else or it may be that they tried to tough it out and not complain while they were on the job. Let your insurance company sort that out.

If you do not have workers comp coverage because you did not have a homeowners policy or because your daughter's policy is primary, be sure to tender the demand to her carrier as well.

If it turns out there is no coverage under any insurance policy, the worker's attorney will move to join the uninsured employer's fund. They really do not defend your interests very strongly and it would be in your best interest to hire an attorney to defend the case.

If you ignore the matter, and the uninsured employer's fund pays out money that may become a significant lien against you. So don't ignore it even if you don't think the worker was injured on your job.

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Answered on 5/14/04, 12:36 pm


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