Legal Question in Workers Comp in California

Can i sue my job because there was an out break of scabies and we have yet to be formally told about it and they will not allow workers compensation because they state that since he was at my house friday and then all the staff had a party on saturday and he was officially diagnosed on that day. I am wondering if there is a case.

Asked on 7/07/12, 12:17 pm

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2 Answers from Attorneys

Nancy Wallace Nancy Wallace
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IF YOU CONTRACTED SCABIES, you MAY file a claim for Workers Compensation benefits with the employer... and then the employer has the right to deny responsibility.

THEN you have the 'burden' of proving the scabies critters got in your skin at the workplace.

If the infected worker was at your home, it will be virtually impossible to prove where the scabies critters entered your skin. No one will know if the critters jumped you at home or at work.

Scabies is easily resolved with that solution ("quell???") with no residual permanent disability.

So while you have 'a case' it isn't worth the time and trouble it will take to pursue it.

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7/07/12, 2:12 pm
Jacob Kiani Law Office of Jacob I. Kiani
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You can still file a workers' comp case. They can't prevent you from doing that. Their insurance can deny the claim but then your workers comp claim would revolve around whether the injury occurred during the course and scope of employment.

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Please note that all legal actions are subject to time limits (deadlines), sometimes called statutes of limitation, which require potential parties to file their claims by specific dates. If those deadlines are missed, all  related claims will be barred forever. Therefore, if you want to preserve any legal rights you might have, including any whistleblower cause of action you may have against your former employer, please contact an attorney as soon as possible.

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7/07/12, 2:52 pm

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