Legal Question in Workers Comp in California

My question

can a company file bankrupcy while you as an injured worker are still under the care of a docter?


Asked on 11/14/00, 11:33 pm

2 Answers from Attorneys

Attorney Marsili Law Office of Attorney Marsili

Re: My question

If the company you worked for files for bankrupcy this should have no effect on your ability to proceed with medical treatment or your claim as a whole as your work injury should be covered by workers compensation insurance. It is the workers' compensation insurance company that is responsible for the coverage of benefits for your injury. Thus, the bankruptcy of the employer should have no effect on your claim or your benefits.

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Answered on 11/15/00, 11:13 am
John Bisnar Bisnar & Chase, LLP

Re: My question

Can a company file bankrupcy while an injured worker is still under the care of a doctor? YES.

An employer filing bankrupcy should have no effect (exception could be a self insured employer) on an injured worker's rights. The Workers' Compensation insurance company is responsible for the worker's benefits. The employer could close up shop and dissapear wtihout a negative impact on your rights.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com 800-956-0123

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Answered on 11/15/00, 2:09 pm


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