Q: Is it against the law for a company to not have workers comp insurance until one of their employees gets hurt?
It's been a month and a half and have not gotten to see a Dr. Or get medication besides the ambulance and MRI at the hospital. The insurance company just today sent me a packet to fill out so what are my rights ?
A:
contact a workers comp lawyer asap.
the co is supposed to have WC ins
A:
If your employer doesn't carry workers compensation insurance, then you can sue your employer in state court for personal injury damages. Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.
If an employee gets hurt or sick because of work and you are not insured, the employer is responsible for paying all bills related to the injury or illness. Contact the information and assistance officer at your local Division of Workers’ Compensation office for further information. You should be aware that workers’ compensation benefits are only the exclusive remedy for injuries suffered on the job when you are properly insured. If the employer is illegally uninsured and an employee gets sick or hurt because of work, that employee can file a civil action against the employer in addition to filing a workers’ compensation claim.
A: California employers are required by law to have workers' compensation insurance, even if they have only one employee (citing https://www.dir.ca.gov/dwc/employer.htm if you would like to read further).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.