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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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California After much difficulity with my employer refusing

Customer Question

California
After much difficulity with my employer refusing to do so, I educated myself on how to file a workers compenstion claim. With a witness, I turned completed claim form to my employer four days ago. I have not heard anything back. They have purposely denied me access to their carrier by taking down info on poster and told me that I do not have a claim.
What is my next step? I know they have insurance as they told me they do but they wont give me the info I need to contact them. The carrier information is not on:
https://www.caworkcompcoverage.com/
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The first thing that you will want to do is to contact the local office of the CA Department of Labor, and tell them that you have the claim, that the employer removed the posters so no employee can see them and ask them to investigate the violations of CA employment law.

Secondly, as your employer is refusing to file the Notice of First Claim with their carrier, and you can not locate the responsible carrier on the website you mentioned, call the following agency to assist you in locating the present insurance carrier for your employer. While they charge some a fee, there is no charge you as an injured worker for their services:

WCIRB Customer Service

Tel: 888.CA.WCIRB(NNN) NNN-NNNN
Fax:(NNN) NNN-NNNNbr/>E-mail: customerservice@wcirb.com
Hours: Monday-Friday, 7:30AM-5:00PM (Pacific Standard Time)

 

Finally, as an injured employee you have a legal right to file a claim and be compensated for your injury. You should consider retaining a local workers' compensation attorney. They only charge a fee if they collect a permanent disability award for you---you pay them noting in advance, and they typically only charge 12% of the amount you collect as your lump sum award at the end of your case---so they can help at no out of pocket cost to you.

 

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

Thank you for your knowledgeable response Doug.


San Diego DA (probably due to being close to the Mexican border) has its own W.C. investigative department for enforcement, I have someone helping me there.


In regards XXXXX XXXXX WCRIB, dont they use the same information one would use if doing their own search on the web link I inserted (in my original question)?


My employer also does not provide their tax id on paystub, the only thing I have is their corporate office address, my shop address and their DBA name, Synfast Oil Change or RFG Oil in San Diego.

Expert:  LawTalk replied 1 year ago.
Good morning,

You wrote: In regards XXXXX XXXXX WCRIB, dont they use the same information one would use if doing their own search on the web link I inserted (in my original question)? While I have not use that service, I would certainly expect that they would have information that would not necessarily be on the linked database you referenced. It could be as simple as you don't have the correct legal name of the company. Any way, I have to believe the service they can give you is better than just using the database they have. Call and I'm sure they'll tell you how it is different.

Your employer's tax ID will be on your W-2 from last year. Under CA law, while the name and address of the legal employing entity is required on the check stub, the EIN/tax ID number is XXXXX required.

If they are using a DBA, check with the city business licensing department and they can determine the name of the entity using the DBA for you.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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