Is This Legal?

J87513

I broke my arm on the job. My boss is licensed, bonded, workers comp, etc. He told that he doesn't want me to file a workers comp claim, but he will pay for the medical bills out of his own pocket so his workers comp record is clean. This is in California.

Is this legal?

Tscarborough

Was it due to negligence on his part? Even then it would fall under OSHA, not WC, and why would you care, so long as your needs were met?

Meezer

That's nice of your boss offering to pay for the medical bills, however, what about your wages?

go do it

having been hurt on the job while i was an employee i would recomend that you go through the proper w/c channels.

i am still having problems from my accident

you never can tell it might bother you later

and to answer you question it probably is not legal

Tscarborough

Sorry, I assumed you were still working/being paid. If not then that is what WC is for.

ChrWright

No, it's not legal...

Be very careful. I'm sure you don't want to piss your boss off--but you may limit your legal recourse if you don't get your injury documented as on the job.

Should you miss time, and not be able to work--your nice boss who wants to "cover everything" may not end up being so nice.

And just because he says he has workers comp, doesn't necessarily mean he does, or that he's current on his policy.

Be careful

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K2

A discrete call to a wc attorney in your state would probably be prudent. I think the attorney would advise you at no charge.. Otherwise document everything... Next he'll ask you to sign some rag stating this or that. Generally a rag don't mean $!!it... Like the other guys said. Be careful.

J87513

Well I don't work for him anymore. I didn't work for only 2 weeks and then I was back in business. It was a very small fracture.

But the thing is that it is negligence on his part. I know how he thinks, if he just ignores it then it will disappear. This is his first on the job injury that he has had, the company is small and only 5 years old.

It is only a lowsy $423. Is it me, or is my old boss just an idiot?

K2

I think $423 would cost him more in paperwork. Your in business. You may want to do the same someday.

ChrWright

Were you paid for the 2 weeks you were out of work?

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Indianapolis Kitchen Remodeling Contractor - You Can Get There From Here

dougchips

When you went to the hospital did they ask if this happened on the job?

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J87513

Yes the hospital asked me for the company name and everything about the company. My boss is just not answering the phone if the hospital calls.

J87513

I am trying to be nice with my old boss because I need him to sign my work experience paper for my contracting license in a 1.5 years from now.

Tscarborough

So all of this contemplation is taking place at least 2 weeks after the incident?

J87513

oh yes, well I broke it 4 months ago. I just got the bill from the hospital today.

Chris Johnson

Make the WC claim, one $ 423.00 claim is not going to effect his rating, I have employees with minor cuts/pulled muscles that cost $ 700-800 with follow ups and prescriptions and my rates don't take off because of it.

Think about this...this minor fracture gets infected in the future and you require major surgery now your out $50k and can never work again in your chosen profession and your $h!t out of luck cause some guy asked you to 'cover' for him...think about that

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Tscarborough

Why didn't you make the claim while you were not working or when it actually happened?

tnt specialty

Actually, it is those very small, frequent accidents/injuries that will affect your experience mod the most.

Your much better off...experience mod speaking, if you have a large one once in a great while.

It's all those little ones that reflect your company's risk to accidents/losses...

Mergens Ins

Hello all, I had to put my own .02 in on this topic. TNT is correct in saying that the small "first aid" claims can affect your Mod, but it takes a few of those to throw off the mod any significant amount. The Mod is first just a ratio of losses vs premium, then frequency. Also, depending on the size of your ex-employer, he might not even have a mod.

I pretty sure it's illegal to tell you to NOT turn in a work comp claim and since it's not first aid the workers comp carrier is going to pay the loss.

As for the actual medical payments and your loss of wages, well, that's what workers comp is for. Further, you can actually report the claim directly to the workers compensation carrier and they'll pay the bills and your loss of wages. So if your ex-emp is being difficult i'd say by bypass him.

feel free to contact me with any follow-up questions.

Jay

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Celtic

Will the State(whatever State that is because you haven't told us) accept W-2's/Tax returns as proof of work experience?

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