California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
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.
missed 10 weeks healed and a litle pain
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
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!
how can they prove all this in court. etc
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).