Legal Question in Workers Comp in California

I was hired for a day to paint a roof. I fell and injured my back. Due to the injury I cant work and will need continued medical treatment. I have a workers comp case open and they want me to settle because I dont qualify for workers comp due to Code 3352H. What other options do I have?


Asked on 4/25/12, 4:05 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

I need way more information before I can even attempt a stab at giving you advice. Please call me at 818.385.0520.

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Answered on 4/25/12, 4:17 pm
Nancy Wallace Nancy Wallace Atty at Law

You are not an "employee" under Ca.LC 3352(h) so you can proceed as an individual with no 'employment' connection to the homeowner and the co-worker.

If you can PROVE (not just claim, but really prove) the co-worker did or failed to do something that caused you to fall -- or the property owner did or failed to meet a general duty of care to you that directly caused you to fall -- there is a general negligence claim.

Employees CANNOT file a personal injury claim for negligence against an employer, but since you're not an employee, you can assert Negligence against the co-worker who brough you there, the property owner and anybody else around that owed you a 'duty of care' who 'breached' that duty and the breach made you fall.

If you just stumbled and fell and nobody did anything, then your only 'option' is to just heal and get back to work and pay for your own treatment.

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Answered on 4/25/12, 5:16 pm


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