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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I have a corporation . Just found out that my workers compensation

Resolved Question:

I have a corporation . Just found out that my workers compensation insurance has lapsed.
I have an employee that got injured at my place of work. He is part time only because he is collecting disability because he is on dialysis. He works about 3 days a week.
He gets paid by cash and a little by check. Now because of his illness with his kidneys the
Injuries are creating a problem there will be lots of surgeries.
Do I just pay.
Thank you
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.
If you don't pay, then the employee can sue you for negligence and get damages that would exceed workers compensation claims amounts. The worker can also complain to the Department of Workers Compensation and you could be heavily fined (and, even criminally prosecuted -- though your facts suggest that this was an innocent mistake.

You may want to talk to the insurer to see if you can reinstate the policy during the period of the employee's injury. If you can, then great -- if not, then you may have to pay the bills so as to avoid more serious legal action.

Hope this helps.

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