Legal Question in Personal Injury in California
I was working with some of my friends on a const. job (roofing) for this man who was using a contractors license,whom he paid cash $4000.00 to use his license#. He was to pay us cash money to do this job in downtown San Pedro CA. While working the first day I stept on an opening for a sky light that was not boarded up or safety rallings installed around it.just wide open. I broke my left knee,injured my wrist ,my ribs. I was told by a friend Icouldn't do nothing about it , it being a side job and I got paid cash.This man gave me $3000.00 and I haqd to sign a paper releasing him, the owner of the building, and the contractor. Isigned the paper. Is this legal or can something legal be done. Im getting disibility insurance til I heal. I got injured in Sept. 2011
6 Answers from Attorneys
Could be you just signed away $100,000. See a workers comp attorney.
You might have a great workers compensation case, as well as a civil case. I would have to review the release, but in any event, I do not believe the release would apply to a workers comp case. Please call my office at 877-505-INJURY, or if you email me at [email protected], I can call you this weekend.
One can not sign away the rights to Workers' Compensation benefits. You are the employee of the phony contractor who probably does not have WC coverage so can be sued in civil court and negligence is automatically assumed. The home owner may also be legally liable. The real contractor also might be liable for letting his license be used in that he could be found to be your employer without any WC coverage for you. The home owner should have insurance covering him but if he knew of the scheme they might deny coverage. The Release you signed probably is not binding but you will have to return the "bribe money" to them. EDD will eventually want its money back.
You are going to need an attorney to try to straighten all of this out, but the defendants also are going to have to figure out how they want to try to handle it. You do have a good case so shop around for attorneys who you like, are familiar with these type of cases, and make a reasonable charge [attorneys do not like to negotiate their standard fees but you can try to get them to do so]. Do not rely upon "friends" for legal advice.
Feel free to call us at 213.388.7070 for a free consultation about your worker's compensation case..
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