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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Ask your question here...Hello, I have worked for my employer

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Ask your question here...Hello, I have worked for my employer for almost 5 years - the past year as an employee (previous 4 yrs as a 1099 - although should have been employee). No insurance but fell in May and twisted ankle in June - couldn't afford to see a dr privately, never dawned on me it was a workers comp issue until 2 weeks ago when another employee broke her foot and found out our company has no workers compensation insurance. Multi million dollar company with $600,000 liquid in business accounts. Took one week off for vacation and having panic attacks and repetitive shoulder pain prior to vacation and still having panic at the thought of going back to work. What possible options do I have re: the previous injuries(if any)and unemployment benefits? How do I doucment my stress when the employer is a motivational speaker and author?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

You should definitely file a workers' compensation claim against the employer. Your employer should have workers' compensation insurance, and to not have workers' compensation insurance is a labor code violation.

Also, you would be eligible for unemployment benefits if you were terminated through no fault of your own and are still ready and available to work.

However, if you're unable to work due to your disability, you wouldn't be eligible for unemployment benefits, and should apply for disability benefits instead.

Finally, I suggest that you contact the Department of Industrial Relations regarding your misclassification as an independent contractor and your employer not having workers' compensation insurance.

If your employer failed to pay you overtime and benefits as an employee, you would be entitled to unpaid wages plus overtime for being misclassified.

You can file a complaint for your employer's labor code violations using the forms available here:
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Thanks and best of luck!
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