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Husband Hurt on Job Then Fired
#1
Question 
Actually both of us fired. We were apartment managers/maintenance in Santa Ana, CA for 3-1/2 years. Husband hurt his back after slipping on property. After informing the owner, he gave us a Notice to Vacate. He then had us evicted without being served! Process Server swears to have tried to serve us 5 times, then left the service with our co-occupant!!! We didn't have a co-occupant. We had 5 days to get out and my husband couldn't even move! We retained counsel in Santa Ana who sent us to their doctors. They did a MRI and found several compression fractures and bulging discs. The owner did not have Worker's Comp. nor did he have the right insurance on the property. He only had commercial liability. We had no problem proving we were employees. But with no insurance and nothing from worker's comp. and nothing from state disability (owner did not take taxes out of our pay) - we can't get anything done. It's been 1-1/2 years and they call it chronic pain now. He can't work nor can he get any treatment or therapy. Our attorney say they will file with the Uninsured Employers Fund (UEF) which takes years, but they don't know much about it. They can't tell us anything about it. Does it pay for pain and suffering or lost wages? Does it only pay medical bills?

To make matters even worse, we ended up moving out of state to Oregon (needed help from family). Now our attorney are talking about getting a final report from a doctor that my husband hasn't seen him in over 1 year!

We arn't happy with the attorney. They straight up lied to us for months saying we would get a lump sum check in the beginning from our employers insurance. When the day came they were like "or no" he didn't have the right insurance. Anyways, I filled out laywer referral form on this web site. Hopefully, I'll find one.

Does anyone know if this falls under the EEOC Discrimination Claim? or is it at the State level? I couldn't find out for sure on their website.

Thanks for listening.
 
Reply
#2
it doesn't take years. you file against them just like any carrier.
with no benefits your husband should be able to file for an expedited hearing.

there is no "pain and suffering" in workers comp.

disability and medical are the primary benefits. if there is permanent impairment then some additional payments.

to file a complaint against your husband's lawyer go here
http://www.calbar.ca.gov/Attorneys/Lawye...ation.aspx

to find another california lawyer go here
caaa.org

read the fact sheets to find out more about comp benefits and the Uninsured employer fund
http://www.dir.ca.gov/dwc/iwguides.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
Thank you for the information. This has definitely been a learning process. It does get overwhelming at times.
 
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