California Employment Law
California Employment Law Questions Answered by Legal Experts
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Can you tell me more about the injury? Do you believe your partner was injured due to the negligence of the employer?
it was noticed @ work while building large trailers would you be able to call me on my cell phone @XXX-XXX-XXXX
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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.
The heightened standard of negligence would not apply.
So, if the employer is negligent then your partner should contact a workers compensation attorney.
ok it was aggrivated lifting heavy parts and tools
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
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
As long as they have a payroll of more than $20,000 they are in trouble for this if they get reported
So if they have 6 employees they would be in a lot of trouble for not having workers compensation.
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
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.
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.
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
Failure to secure workers compensation benefits can also result in closure of the business.
my partner does not want to get anyone in trouble but wants to be taken care of and compensated
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.
Your partner can share this document with the employer:
ok thank you very much much for your guidance in this matter
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