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 Atty at Law

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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Answered on 7/07/12, 2:12 pm

Jacob Kiani Law Office of Jacob I. Kiani

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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Answered on 7/07/12, 2:52 pm

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