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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1769
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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my partner got injured on the job and just found out his employer

Resolved Question:

my partner got injured on the job and just found out his employer doesn't carry workmans comp what should we do ? should we contact an attorney right away ?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 9 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?


 

Brandon, Esq. :

welcome to the chat

Brandon, Esq. :

Can you tell me more about the injury? Do you believe your partner was injured due to the negligence of the employer?

Customer:

it was noticed @ work while building large trailers would you be able to call me on my cell phone @XXX-XXX-XXXX

Brandon, Esq. :

Unfortunately I cannot have any contact with any customer outside of the website as it is against the terms of service and will lead to my termination.

Brandon, Esq. :

Basically the issue is this. Because your employer failed to have workers compensation, they are personally liable. In addition to this, their failure to have this insurance opens them up to additional litigation for negligence.

Brandon, Esq. :

The heightened standard of negligence would not apply.

Brandon, Esq. :

So, if the employer is negligent then your partner should contact a workers compensation attorney.

Customer:

ok it was aggrivated lifting heavy parts and tools

Brandon, Esq. :

Okay so it would just fall under normal workers compensation law then. As to how to proceed under those facts, the choice is either 1) get an attorney involved, 2) contact the workers compensation board, or 3) explain to the employer that you would like to make sure everything gets taken care of without you having to do 1 or 2. In this situation your partner would not be entitled to any more, but the employer would be subject to VERY heavy fines

Customer:

ok if the employer doesn't have workmans comp and they are an llc company with 6 employees and have been in business 10 yrs in ks are they in trouble for this

Brandon, Esq. :

As long as they have a payroll of more than $20,000 they are in trouble for this if they get reported

Brandon, Esq. :

So if they have 6 employees they would be in a lot of trouble for not having workers compensation.

Brandon, Esq. :

So it is in their best interest to make sure ALL of your partners medical bills get paid, and your partner is compensated for any lost wages

Brandon, Esq. :

Intentional failure to provide for workers compensation payment is a class A misdemeanor and subjects the employer to a civil penalty in an amount twice the annual premium the employer would have paid for insurance or $25,000, whichever amount is greater.

Brandon, Esq. :

If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.


 

Brandon, Esq. :

If you just want to get the employer in trouble, you can call the Kansas Department of labor at (NNN) NNN-NNNNor(NNN) NNN-NNNN

Brandon, Esq. :

Failure to secure workers compensation benefits can also result in closure of the
business.

Customer:

my partner does not want to get anyone in trouble but wants to be taken care of and compensated

Brandon, Esq. :

Then your partner should heavily consider asking the employer to take care of his medical bills and any lost wages he may have. If the employer refuses, then he should consider getting an attorney involved, or contacting the dol as they will 1) make sure his medical bills are paid for, and 2) make sure the employer is punished for failing to do the right thing.

Brandon, Esq. :

Your partner can share this document with the employer:

Customer:

ok thank you very much much for your guidance in this matter

Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Customer:

I think so for now

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer:

U 2

Brandon, Esq., Lawyer
Satisfied Customers: 1769
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

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