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  1. #1
    Join Date
    Jul 2013
    Posts
    2

    Default Employer Failure to Carry Workers Comp Insurance

    Hello. I am from california .I have a construction company with my partner which was S Corporation. I didn't have workers compensation and one of the guys said he got sick during job. He opened a claim and now I am receiving some things over mail plus the medical bills and lots of other stuff. He was working as a self-employed for me by the way.
    I have a really bad situation with money , I don't have so much to pay for lawyers and so on and that is why I didn't have workers compensation. Do you have any recommendations what to do? I know even If I transfer the house and cars to my wife it wont help , how can I keep my stuff at least? I know my credit score, my company and other things will be ruined, but is there a way to keep my house cars and other things? or can I fight this claim?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Bad Situation with Workers Compensation. Please Help

    Just because you identify a worker as "independant contractor" does not mean the law does.
    What you have done is broken the law... which requires ALL employers to carry WC coverage unless they are legally self insured.
    Not having the money is the very reason for carrying WC insurance, and is not a valid excuse for not doing so.
    This does not releive you from the liability for employee injury in the workplace.

    You need to contact an atty, fess up and avoid the potential for additional penalties.
    can I fight this claim?
    The money you spend on fighting a injury claim in court would likely more than compensate for the WC ins premiums... if you had coverage, the carrier would handle the claim for you.

    Talk to a WC defense atty before you move further into the hole.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Bad Situation with Workers Compensation. Please Help

    hiding your assets is illegal and opens you up to additional penalties.
    all those that thought they were good at it are in prison or on the lam
    those that aren't are not going to tell you their secrets for free.
    hopefully you'll never have to work for an employer like yourself.
    the best thing you can do is contact the Uninsured Employers Fund and throw yourself on their mercy-something you didn't give your employee.
    http://www.dir.ca.gov/dwc/claims.html
    Last edited by .SH; 07-09-2013 at 04:34 PM.

  4. #4
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,855

    Default Re: Bad Situation with Workers Compensation. Please Help

    Quote Quoting Arturas88 View Post
    Hello. I am from california .I have a construction company with my partner which was S Corporation. I didn't have workers compensation and one of the guys said he got sick during job. He opened a claim and now I am receiving some things over mail plus the medical bills and lots of other stuff. He was working as a self-employed for me by the way.
    I have a really bad situation with money , I don't have so much to pay for lawyers and so on and that is why I didn't have workers compensation. Do you have any recommendations what to do? I know even If I transfer the house and cars to my wife it wont help , how can I keep my stuff at least? I know my credit score, my company and other things will be ruined, but is there a way to keep my house cars and other things? or can I fight this claim?
    Do you know you are writing on a site that is for injured workers, to protect workers from employers like you? UNBELIEVABLE.

  5. #5
    Join Date
    Oct 2011
    Posts
    157

    Default Re: Bad Situation with Workers Compensation. Please Help

    Next time you hire someone as and "independant contractor" make sure you have a legal contract, when ever a contractor hires my spouse as an independant or a sub contractor, they have legal contracts signed before any work is started to avoid any problems like this.

  6. #6
    Join Date
    Jul 2013
    Posts
    2

    Default Re: Bad Situation with Workers Compensation. Please Help

    I am sorry but all of that claim was all made up he was not injured , the guy lied about everything and that is only because he found out that I don't have a workers compensation . IN MY OPINION I DID NOT DO ANYTHING BAD ! I GAVE PEOPLE WORK SO THEY CAN SUPPORT THEIR FAMILIES AND LIVE , THE GUY KNEW HE WAS GOING TO THE SMALL BUSINESS LIKE MINE WHICH IS NOT ABLE TO PROVIDE ALL THE BENEFITS WHICH WILL BE AVAILABLE IN OTHER COMPANIES, HE WAS NOT EXPERIENCED ENOUGH TO GO AND FIND SOMETHING BETTER , I TRUSTED THE GUY AND HELPED HIM PLUS I KNOW I AM STUPID FOR NOT HAVING WC BUT IF I WOULD I COULD NOT HAVE THIS BUSINESS , THE ONLY THING I AM ASKING IS IF YOU GOT ANY SUGGESIONS HOW I COULD CLIMB OUT OF THIS HOLE THAT I GOT INTO... I DID NOT ASK FOR YOUR JUDGEMENTS AND to say HOW BAD I AM . SORRY FOR PROVIDING POOR IMIGRANTS WORK, I THINK YOU ALL WOULD BE MUCH HAPPIER IF THEY WOULD ROBB YOUR HOUSES AND GO SELL DRUGS TO YOUR CHILDREN .... THANKYOU OH AND HERE IS NICE quote FOR YOU:
    Matthew 7:1
    "Do not judge, and you will not be judged. Do not condemn, and you will not be condemned.
    Last edited by Arturas88; 07-09-2013 at 09:32 PM.

  7. #7
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Bad Situation with Workers Compensation. Please Help

    we are not judging you -we are judging your criminal behavior.
    you do not get to decide if someone is hurting or not-it didn't happen to you.
    you justify treating other people badly because somehow they deserve it ---because they are poor or from another country and didn't know you better but trusted you to do right.
    you take advantage of those who are worse off then you - that's even worse.
    those reasons are despicable.
    you don't deserve to be in business.
    No sympathy here.
    we won't help you get out of your mess and allow you to sucker other employees.
    stop doing immigrants a "favor"-they'd rather you didn't hire them just to leave them high and dry when they are injured and disabled.
    those kinds of favors no one needs......
    don't pretend after the fact that you were doing it for them--it was always all about you and what was best for you.
    Last edited by .SH; 07-09-2013 at 10:35 PM.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Bad Situation with Workers Compensation. Please Help

    IN MY OPINION I DID NOT DO ANYTHING BAD ! I GAVE PEOPLE WORK SO THEY CAN SUPPORT THEIR FAMILIES AND LIVE , THE GUY KNEW HE WAS GOING TO THE SMALL BUSINESS LIKE MINE WHICH IS NOT ABLE TO PROVIDE ALL THE BENEFITS WHICH WILL BE AVAILABLE IN OTHER COMPANIES, HE WAS NOT EXPERIENCED ENOUGH TO GO AND FIND SOMETHING BETTER , I TRUSTED THE GUY AND HELPED HIM PLUS I KNOW I AM STUPID FOR NOT HAVING WC BUT IF I WOULD I COULD NOT HAVE THIS BUSINESS , THE ONLY THING I AM ASKING IS IF YOU GOT ANY SUGGESIONS HOW I COULD CLIMB OUT OF THIS HOLE THAT I GOT INTO...
    You're digging a deeper hole here by admitting you KNOW you are req'd to carry WC coverage...yet you try to justify breaking the law...yes, the LAW requires this.
    Now you want help to dig yourself out of the mess... "employers" like you are committing FRAUD, and you can be punished by up to THREE times the amount of the claim, and/or up to 50K in penalties, plus up to FIVE years jail time.

    YEAH... you dug a hole here... all by your lonesome.
    If you can't afford to be in business... go work for someone else. Just like everyone else... you aren't going to whine your way out of this.

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