Legal Question in Workers Comp in California
Company does not have Worker's Comp. Insurance
Recently, an employee fell and was taken by ambulance to hospital. It has been determined that he requires knee surgery. Apparently, the employer let his Workers Comp policy lapse (did not make monthly payments). Now the Surgeon will not perform surgery until he is given a claim #. What is this employer in violation of? He claims he was never sent a bill after the initial fees for the policy.
1 Answer from Attorneys
Re: Company does not have Worker's Comp. Insurance
Basically the employer is responsible for payment of the medical expenses from his personal assets. However, a physician makes personal choices with respect to payment. The injured employee needs to get representation by a certified specialist immediately so that a claim can be filed with the UEF. Unfortunately, the UEF is a messy situation, so do not expect attorneys to jump at the chance to represent this worker. UEF creates many additional litigation barriers and the payment for services will not be increased above the statutory level. Ask the local bar association for a reference to a committed attorney, or contact CAAA in Sacramento, for someone with an established practice who is sincerely interested in representing injured workers.
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