How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7646
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Hello, I was working as a truck driver for a company,

Resolved Question:

Hello,


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?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 3 years ago.
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: http://www.dir.ca.gov/dlse/districtoffices.htm

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: http://www.dir.ca.gov/dwc/claims.html

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.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Patrick, Esq., Lawyer
Satisfied Customers: 7646
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 3 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

Expert:  Patrick, Esq. replied 3 years ago.
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: http://www.dir.ca.gov/dlse/howtofilebofeclaim.htm

I hope that this helps.
Patrick, Esq., Lawyer
Satisfied Customers: 7646
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
Patrick, Esq.
Patrick, Esq.
2320 Satisfied Customers
Significant experience in all areas of employment law.