Legal Question in Workers Comp in California
Active Engagement?
I ran the day-to-day operations of a business. One of our workers was killed on the job. I found out later that the business had no worker's comp insurance. Now, I have been named individually and as a shareholder of the company in a civil suit. I own no part of this company. Am I liable as one who was ''actively engaged'' in the business? Please help.
1 Answer from Attorneys
Re: Active Engagement?
If the death was the result of some negligence on your part, then you may be subject to exposure. However, you may consider a cross-complaint against the company for indemnification and for their failure to provide worker's compensation insurance. This needs to be researched further; you would be well served by seeking representation immediately, as if the company is going to defend the suit on your behalf, there is the conflict of interest as it is a potential cross-defendant. A cross-complaint must be filed prior to or simultaneously with the ANSWER. Please contact me directly at (619) 222-3504.
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