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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Hello, I was working as a truck driver for a company,

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I was working as a truck driver for a company, this company paid me with a check that had another business other than the one I worked for. There was an accident and I filed for workman comp, 3 months later W.C. denied my claim.

The claim was denied for the reason stating that I was not an employee of the company but an employee of the company that was written on the check.

I was with this company when they started-up, all my emails are from that company and work performed for this company from the day it started.

Also, the company written on the check do not have W.C. Insurance.

What are my options for an appeal of the W.C. Insurer?
Hello and thank you for entrusting me to answer your question.

An employer is required by law to carry unemployment insurance for all employees, except in certain very limited circumstances. An employer may face fines and penalties for failing to carry such coverage. You can report such a violation by contacting any of the following WC offices:

Fortunately, certain individuals may still be entitled to collect WC benefits even though their employer lacked insurance through the Uninsured Employers Benefits Trust Fund (UEBTF) or Subsequent Injuries Benefits Trust Fund (SIBTF) Visit this link for more information:

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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Customer: replied 4 years ago.

Hello and Thank You!


However, I was trying to say work comp rejected my claim, they are telling me that I was employed by basically a sub-contractor who contracted to them. Yes that person who I drove for was a partner that started the company once I got injured he took his name off.


Therefore even though he used me apart from the company isn't the company respondsible as well they have the insurance even though he do not. Can I prove that they all are partners?


Thank You

I'm not totally sure that I'm following, but I think I am. No matter whether you were employed by the subcontractor or the principal employer, one or the other must carry workers compensation insurance. The only exception, and I'm thinking possibly this is what's going on here, is if you are an "independent contractor" and not an "employee." Employers are NOT required to carry WC insurance for independent contractors.

That said, if you were misclassified as an IC when you were in fact an employee, you may still be eligible to collect benefits and your employer (whichever one it may be) may be subject to sanctions.

The test to determine whether a worker is an IC or an employee is a complicated one that takes into account many variables. For most matters, though, the DLSE will apply the "economic realities" test that the California Supreme Court adopted in S. G. Borello & Sons, Inc. v Dept. of Industrial Relations. The most significant factor that S. G. Borello & Sons considers is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker both as to the work done and the manner and means in which it is performed.

No matter what, it woudl typically be wise for someone in the circumstances you describe to lodge a complaint with the Buereau of Field Enforcement, which is in charge of hearing violations of workers' comp law. Here is their link:

I hope that this helps.
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