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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32720
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I slipped and twisted my ankle at work and broke it in two

Customer Question

I slipped and twisted my ankle at work and broke it in two spots. I work for cash. My employer paid for bills in cash. Am I entitled to any compensation from him.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Has your ankle healed now? Did you miss work because of the injury? Do you know whether you have sustained any permanent injury?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

missed 10 weeks healed and a litle pain

Customer: replied 1 year ago.

i have worked for him off books just curious. had to borrow to support myself he just said you were never an employee so i never persued it can i prove i worked for him somehow

Expert:  Tina replied 1 year ago.

I see. Thank you for clarifying that for me.

Yes, you would typically be entitled to compensation for the time you missed from work as well as a settlement for the permanent damage you have sustained, but since the employer did not have worker's comp insurance, you should retain a local WC attorney to pursue legal action against the employer directly typically. The attorney should also have you evaluated by a physician so they can determine the extent of your permanent injury, which will provide the basis for determining how much you can recover from the employer.

It is a criminal offense to fail to provide WC insurance for employees and it is also unlawful to fail to withhold taxes on employee's wages, both of which it appears this employer is guilty of. Because they are willing to violate the law, they may also retaliate against you for pursuing your legal rights, so I would look for a WC attorney who also handles retaliation claims in an attempt to prevent the employer from taking any retaliatory action against you for asserting your rights. Your attorney can work with you in determining how best to prove you worked for the employer. If there is absolutely no documentation, it may come down to witness testimony.

The state and local bar associations can provide attorney referrals for you. The state bar association can be located at calbar.org.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when we have finished our communication. Thank you!

Tina

Customer: replied 1 year ago.

how can they prove all this in court. etc

Expert:  Tina replied 1 year ago.

Issues of proof will normally be determined by your attorney after reviewing your case further, but generally medical records can be used, your testimony, any testimony of witnesses and other documentation which may be avilable. Most cases do not go to trial but are settled between the parties and that is likely to be the case with your employer if they are made aware that you have retained an attorney to protect your legal rights.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when we have finished our communication. Thank you!

Tina

Expert:  Tina replied 1 year ago.
Hello again,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow up questions for me from the legal question I answer for you. The Site has been a little buggy lately so the attorneys are not always getting replies or ratings (which is how we get credit--paid from the deposit you left with the Site--for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina
Expert:  Tina replied 1 year ago.
Hello again,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow-up questions for me from the legal question I answered for you. There have been technical issues lately so the attorneys are not always getting replies or ratings (which is how we get credit--paid from the deposit you left with the Site--for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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JD, 17 years experience & recognized by ABA for excellence in employment law.