I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid...View More
My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More
Filing for a hearing would likely help or better yet...hire a competent attorney. You have described some serious injuries. Do you know that most attorneys only charge 15% of the total settlement amount and that they cannot agree to any settlement without your permission? What are you waiting...View More
I have not been provided access to utilities (water, electricity, sewer). The landlord has tried to make sure I am 'not considered a tenant' by allowing me to put utilities in my name, use as a mailing address, et cetera. He asks/requires me to be security / caretaker and I have to do... View More
As a general principle under California employment law, a person (which can be an individual or a business entity) “employs” a worker if they “engage, suffer, or permit” that person to perform work. Depending on the facts and evidence, if you are found to be an “employee” of the...View More
Have an open WC case since 2021 also a civil suit that was settled for the same body injury. WC paid me 92 weeks of benefits before they stopped. I have 25% disability raiting for arm/shoulder and 8%cervical. Final medical examiner report.
So the basic rule is you cannot collect twice for the same injury or accident. They call it the double recovery rule. So for example if your PI attorney settled your case for $100,000 and the WC attorney settled your work comp case for $90,000 for the same accident/injury, then you wouldn't...View More
My payments are being calculated using the average weekly wage from my last 6 months of employment, which included 3 weeks unpaid days off ( 1 week at each of 3 holidays) several weeks which were only 1 or 2 days due to extreme weather and a couple weeks I had to take off for personal reasons. Can... View More
Hi There. The short answer is yes you can. You want to argue that if they are going to try and come up with your average weekly wage that it needs to be a typical 6 months worked, not one where you happen to be out a lot for one reason or another because from what I gathered those 6 months they...View More
If you had broken your arm while performing your job duties and you live in CA or were performing your job in CA when the accident happened then you have 30 days to report the injury and you have 1 year from the date of injury to file a workers compensation claim. I hope this answers your question.
I'd be committing malpractice if I answered this question because I would need to see the compromise & release first before I could tell you exactly what you are giving up. Generally speaking you would not be able to reopen your case like you could within 5 years of your last date of...View More
Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.
No it doesn't mean resignation. Typically, there is a separate resignation letter that the employer will want you to sign when signing a compromise & release. When you initial wages, it means if there was ever a dispute as to how much you were making for the employer, that issue is being...View More
Technically you don't but employers regularly want one signed with a compromise & release settlement and only will agree to sign it if you send them a signed resignation letter. Make sure you have a competent attorney review it because it could have additional language in there that could...View More
to the last attorney, she would not need a legal malpractice attorney unless the defense attorney was representing the person posting the question. If not, its not a legal malpractice attorney. In fact, in my opinion you wouldn't be able to depose the defense attorney to get information...View More
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More
Well Yes and No. If you can prove that your employer knew of a danger and ignored it causing you serious injury, then a serious and willful claim could be filed against your employer. If for example, the ladder you were climbing was defective, causing you to fall, then there would be a products...View More
If you are considered permanent and stationary and your claim is accepted by the insurance company you likely will continue getting permanent disability (PD) payments until the amount they determined the medical report to be valued at in which they are relying on is paid off minus the 15% in...View More
I already had a Laminectomy, Discectomy, Facectomy and Forminatomy surgery which did not work and now all doctors say a double level fusion is needed. I have a disability rating of 39% and can not return to my previous employment. The insurance company is offering a C&R settlement of $120k and... View More
38% for the back with all the surgeries you mentioned seems low. They likely rated it using DRE where it should be based on Range of Motion (ROM). Go back to the doctor and ask for him to re-rate your back using ROM (unless he already has). You should get a much higher percentage.
I work at fast food Yoshinoya. Three of my co workers got let go because they got in a fight with two customers as self defense, my co workers got sprayed with bear spray by the customers on (June (5th 2023). June 9th other team members and I decided to protest outside my job location with posters... View More
First this is a Labor & Employment question and not a workers' compensation question. The only part of your story that involves workers' compensation was the fact that your co-workers were sprayed with bear spray while on the job. If this left any lasting damage to their eyes or...View More
It really depends. Did you settle your case via stipulation where you get paid for the disability and future medical is left open or did you settle via compromise & release where you would get one lump sum? Once you answer that question I believe I could answer your question.
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