Legal Question in Workers Comp in California
workmans comp
I was hurt on the job ,
my employer says he does not have workmans comp insurance.
what can i do? I need corrective surgury
2 Answers from Attorneys
Re: workmans comp
If an employer is not insured for WC injuries then the injuried employee can do two things: 1) sue the employer in civil court and the employer is not allowed to raise any issue as to their not being at fault for the accident [so they can only argue as to the damages];and 2) make a claim with the uninsured employer's fund, which historically runs out of money each years before paying all claims. I do not know if you can collect State Disability; you would have to tell them what the truth is and they wil probably then say they can not legally pay you anything. You probably need an attorney to find out what assets your employer has and how he can be prevented from hiding them befoe you can collect on a judgment.
Re: workmans comp
Please call us at 213.388.7070, if you decide to procced with a UEF (Uninsured Employer's Fund) lawsuit.