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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38502
Experience:  Retired (mostly)
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WHERE DO I GO FROM HERE?

Customer Question

WHO DO I CONTACT TO START A WORKER'S COMPENSATION FRAUD LAW SUIT? I HAVE DISCOVERED THAT MY EMPLOYER DID NOT HAVE ME COVERED WITH INSURANCE FOR COMPENSATION, BUT HE SAID HE HAD ME COVERED, (FRAUD). TWO YEARS LATER AFTER MY CLAIM HE MAKES HIS FIRST PAYMENT FOR INSURANCE. THIS WAS AFTER THE TWO YEAR STATUE OF LIMITATION FOR A PERSONAL INJURY LAW SUIT. ALSO THE WORKER'S COMP. ATTY'S KNEW OF THE FRAUD AND LACK OF COVERAGE FOR MY INJURIES CAUSED BY THE CAR ACCIDENT I WAS IN. THIS ACCIDENT HAS LEFT ME PERMANENTLY DISABLED. THIS WAS ALL A CONSPIRACY BETWEEN MY EMPLOYER AND HIS W.C. ATTY. THAT LATER THE ATTY. WAS FIRED BY HIS LAW GROUP. MY W.C. CASE IS STILL ON-GOING, BUT I HAVE BEEN TOLD I WILL GET NO MONEY FOR MY INJURIES. WHAT RIGHTS DO I HAVE? MY HOME IS IN FORECLOSURE DUE TO MY INABILITY TO WORK, I AM LIVING ON A SMALL SOCIAL SECURITY DISABILITY INCOME. I HAVE LIVED IN MY HOME FOR 23 YEARS. PRIOR TO THE ACCIDENT THAT MY CAR WAS TOWED OUT MY HOME WAS PAID OFF FREE AND CLEAR BY ME AS A REAL ESTATE AGENT. MY EMPLOYER OWNS 13 LARGE REAL ESTATE OFFICES AND HE COMES EQUIPPED WITH THREE PIECE SUITED ATTYS. READY TO FIGHT MY CLAIM AND DIRECTED THE FRAUD ACTIONS AND STALLED FOR OVER TWO YEARS TO PREVENT A PERSONAL INJURY SUIT AGAINST MY EMPLOYER. THE W.C. ATTYS. KNOW SECRETLY THE FRAUD SCHEME.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
How long ago was it that you discovered that you were apparently tricked into wrongly believing that your employer had workers comp insurance?
Customer: replied 5 years ago.
TOCustomer I REALIZED THE FRAUD WITHIN THE THIS PAST YEAR. THIS FRAUD SCHEME WAS MANULATED BY MY EMPLOYERS ATORNEYS THAT DELIBERTLY STALLED FOR TWO YEARS SO THAT I COULD NOT FILE A PERSONAL INJURY SUIT AGAINST MY EMPLOYER AND BECAUSE OF SHADY W.C. ATTY. THEY REFUSED TO PAY ME ANYTHING, AND NOW I UNDERSTAND THAT THERE IS NO MONEY BECAUSE MY EMPLOYER NEVER FROM THE BEGINNING PAID THE INSURANCE COMPANY.
Expert:  socrateaser replied 5 years ago.
It seems to me that your lawyer may want to join every party within proximity of this matter (i.e., the employer, the management of the business, the insurer, the management of the insurer, and the employer's attorney). The goal is to get everyone pointing fingers at everyone else while your attorney takes notes and then tries to hold anyone responsible who can possibly be responsible.

This sort of lawsuit may be outside the scope of your WC attorney's experience. You may want to start looking for a lawyer with experience in corporate and insurance fraud.

For a reputable lawyer referral, see this link.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

TOCustomer THANK YOU FOR YOUR REPLY, MAY I ASK YOU IF IT WOULD BE POSSIBLE FOR ME TO GET A ATTY. FOR PERSONAL INJURY BASED ON MY NEW INFO. OF FRAUD? ALSO CAN I INVOLVE THE W.C. ATTY'S THAT NEW OF THE FRAUD? YOU SEE, THERE WAS NEVER ANY MONEY PUT IN THE INSURANCE UNTIL TWO YEARS AFTER MY CAR ACCIDENT AND THEN THEY ( ALL THE ATTY. ) TURNED THEY TABLES ON ME AND TRIED TO MAKE ME APPEAR THAT I WAS NOT SERIOUSLY HURT IN THE ACCICENT.
Expert:  socrateaser replied 5 years ago.
If there was no WC insurance in place, then the employer is liable for your personal injuries, because without WC insurance, there is no immunity from suit granted to the employer under the Workers' Compensation Act.

The assumption is that you will be able to overcome the two-year statute of limitations (Code Civ. Proc. 335.1) within which a personal injury action must generally be filed -- through the use of the estoppel rule. Honig v. San Francisco Planning Dept., 127 Cal. App. 4th 520 (“A defendant will be estopped to assert the statute of limitations if the defendant's conduct, relied on by the plaintiff, has induced the plaintiff to postpone filing the legal action until after the statute has run. [Citation.]” The elements of equitable estoppel are: (1) the party to be estopped must be apprised of the facts; (2) that party must intend that his or her conduct be acted on, or must so act that the party asserting the estoppel had a right to believe it was so intended; (3) the party asserting the estoppel must be ignorant of the true state of facts; and (4) the party asserting the estoppel must reasonably rely on the conduct to his or her injury.)

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!