I recently got hurt at work and my boss has no insurance. he says no work no pay. i have a broken wrist and a ruptured disc in my back. i live in california and he never paid workmans comp
2007-03-28 14:35:47 · 9 answers · asked by ernie a 1 in Business & Finance ➔ Insurance
By law in California, an employer with one employee must carry worker's compensation insurance. If he has none, he's about to get fined big time by the state.
If you were injured on the job and think your employer was illegally uninsured, you may apply to the UEF for any benefits to which you might be entitled. Filing a workers' compensation claim with the UEF is a complicated process. Contact an information and assistance officer at a local DWC district office for information and assistance. Start by calling an information and assistance officer at the DWC. I've posted a link with all the phone numbers of the various offices. Pick the one closest to you and call them. Explain your situation and get a claim form to fill out. You're claim will be paid by the State Uninsured Worker's Compensation fund.
Your Employer is likely to be shut down and fined so don't expect to get your job back after you're well but at least you'll get your medical and temporary disability paid for.
2007-03-29 00:09:08 · answer #1 · answered by Faye H 6 · 2⤊ 0⤋
I don't know what the laws are over there, but here in Australia, the boss would be in big trouble. I think you need to go and get yourself a lawyer real fast. Try and find one that gives you the first twenty minutes for free. If they think you have got a good case they usually represent you for free up front and then just take a percentage of what ever you get as a pay out figure when you win your day in court.
2007-03-28 21:53:39 · answer #2 · answered by Alwyn C 5 · 0⤊ 1⤋
Look up an attorney. Most states that have Workman's Comp have very strict laws about employer's not paying workmans' comp...they can be sued/fined into oblivian.
The dirtbag deserves it. The law is the law.
Call an attorney tomorrow that specializes in Workmans' Comp cases. Do not delay another day. Here is a link to get you started:
http://www.disabilitysecrets.com/wc-attorney-california.html
Good luck and God speed. I hope you get better soon and get the help you need/deserve.
2007-03-28 21:47:55 · answer #3 · answered by Anonymous · 0⤊ 3⤋
You didn't mention what you do for a living. Or how long ago you got hurt. Did you go to the hospital for treatment? Can you go to work and get ANYTHING done with these injuries? I worked with a broken wrist but I took a week off to lay around and moan in pain first. It hurt like hell! I have bad disks in my neck and I know that's a nightmare.
California doesn't like this sort of situation at all. Your boss is going to be in deep doodoo and you'll probably end up losing your job if you get a lawyer. If you want to get more medical attention, have your medical care paid for, you're going to need to talk to a worker comp attorney about suing your boss for money to treat you. Plus they'll get a fat fine for not paying into workers comp.
If you like your job, don't see an attorney. If you hate your current job and don't mind losing it then call a work comp attorney. And don't tell ANYONE what you're doing until you have seen a lawyer- they offer free consultations and might help you decide how to proceed with things.
You can take the time off you need to heal, while losing your paycheck or go to work and sit on your butt because you're unable to perform your job. If it were me, I'd go to work with your casts, splints and bottle of Advil and show your boss you are at least trying, at least you showed up.
Best of luck to you! Been there, done that.
2007-03-28 21:55:48 · answer #4 · answered by wwhrd 7 · 0⤊ 5⤋
If you can prove that you got hurt at work and he has no worker's comp insurance, you may very soon be the boss. You will need to see a lawyer as soon as possible.
2007-03-28 21:45:23 · answer #5 · answered by Brian G 6 · 0⤊ 3⤋
Check out http://www.dir.ca.gov/dwc/claims.html
This will tell you how to file a claim under the "Uninsured Employers Fund"
Not carrying workmen's comp insurance in CA is illegal and your employer will be in trouble once you file.
2007-03-28 22:16:44 · answer #6 · answered by Mom of 2 4 · 3⤊ 0⤋
He's still responsible for all medical bills and lost wages.
You need to start by calling the department of labor and industry in CA - they can shut him down, and fine him for EVERY DAY he has no coverage in place.
You will LIKELY need to hire a lawyer to sue him for the medical bills and lost wages - but it's a pretty open and shut case. The problem is, he's a jerk, and you're going to have to pull every cent out of him. You can probably get legal fees, as well. The OTHER problem is, if he's been careful and hidden his assets, you won't be able to get anything.
But his not having coverage has NOTHING to do with his obligation to pay. It's just his tough luck.
2007-03-28 22:00:26 · answer #7 · answered by Anonymous 7 · 0⤊ 3⤋
depending on how many employees your company has depends on what you can or cant do. there are certain regulations based on how large a company is and the insurance they must cover
Work safety is proceded over by OSHA and if he was in violation of any laws or regulations you have a suit against him
goodluck
2007-03-29 02:29:20 · answer #8 · answered by lllll 4 · 0⤊ 3⤋
sounds like your boss may be in trouble huh? and it may be time for you to see an attorney?
2007-03-28 21:40:00 · answer #9 · answered by Jo Blo 6 · 0⤊ 3⤋