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Article #20713

CA: Injured Employee, No WorkComp?

#20713
From: Scott Leighton
Date: Tue, 09 May 1995 00:00
46 lines
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 >From: DRHilton@kaiwan.com (Dennis R. Hilton)
 >Newsgroups: misc.legal.moderated,alt.california,ca.general
 >Subject: CA: Injured Employee, No WorkComp?

D>California:

D>A friend was recently injured while on the job.  He then found out
 >that his employer was not paying workmen's comp.  He claims that
 >no one wants to take his case.

D>What are his options for obtaining compensation for his medical
 >bills?  He is currently un-employed and sinking rapidly into debt.

  If your friend truly had an employer/employee relationship, then the
employer is illegally operating without the required workers'
compensation insurance and should be reported to the Dept of Labor.
Employers who fail to secure  workers' compensation insurance for their
employees are subject to the following potential liabilities;

 ~ workers' compensation claims and civil tort actions filed by injured
employees,

 ~ a separate penalty of up to $100,000 payable to the State,

 ~ An additional penalty of 10 percent of any workers' compensation
benefits recoverable by the injured employee, and

 ~ Attorneys' fees.

  In addition, your friend should contact the Division of Workers'
Compensation Information and Assistance office at (800) 736-7401 for
assistance in obtaining benefits. They have procedures for dealing with
this type of situation to ensure the injured worker receives his/her
benefits.

  Scott

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From: scott.leighton@helpinghand.org (Scott Leighton)
Subject: CA: Injured Employee, No WorkComp?
Date: 1995/05/09
Message-ID: <9505100300062394@helpinghand.org>
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distribution: ca
references: <3ome2k$358@panix.com>
organization: A Helping Hand BBS! Serving Orange County, Calif (714) 951-7311
newsgroups: ca.general