Oakland, CA asked in Workers' Compensation for California

Q: Who can I report employer fraud to avoid liability for an injured worker?

I was injured at work and my claim was denied. On the day I was terminated, the employer offered to pay two days but I was too shocked to ask them why. I didn’t work that day and I was there to see why HR didn’t return my calls. I went to give my dr note to my boss. The insurance carrier won’t pay any benefits because I was terminated. I thought it was strange since I was injured a month after the violation of employee handbook. I recently saw the seperation letter and the employer listed the date of misconduct as the date I was terminated on. This would make it look like I returned to work and I was terminated for caused. I have several documents from the employer showing different dates of misconduct from the employer. Where can I report this? It’s been more than a year so I can’t file 132a. Do I need to contact an employment attorney or workers comp attorney?

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1 Lawyer Answer

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: No. The insurance carrier will not pay any benefits because your claim was denied. Being terminated has nothing to do with your workers' compensation case except in rare circumstances. You can proceed with your WC case and you will probably need representation.

Yes, you need to contact an employment attorney and you should probably file a complaint with the EEOC, which must be done before you can sue your former employer.

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