Palm Springs, CA asked in Workers' Compensation for California

Q: got hurt at work and had 3 disc in neck replaces and employer let there worker comp lasp my Insurance has payed

how much can I sue the employer for

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Are you trying to say the Employer has no workers comp insurance? You would have to show actual 'Fault' on the part of the employer that lead to your injury and treatment...a personal injury attorney would be able to give you an estimate of what a jury might award at trial. TROUBLE IS IF the employer declares bankruptcy and then you 'won' a piece of paper, and if the employer is so unsophisticated that he didn't buy workers comp insurance, he probably has very few assets and could be on the verge of bankruptcy anyway. Another option is the Uninsured Employers Fund at the Workers Compensation Appeals Board...state agencies are slow and frustrating but they don't run out of money or declare bankruptcy after you win.

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