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Question About Serious and Willful
#1
Hi there. I've been lurking this site for the few years since my industrial accident. I am in California and am very close to settling my case. My case also includes a serious and willful for which i have the multiple osha violations to validate my claim. Now, my accident was fairly severe with medical bills ranging in the hundreds of thousands and my case is settling at a six figure sum. My question is that if my former employer cannot afford the serious and willful (a sum in the hundreds of thousands) what happens? Is it likely I will get nothing? I will provide more information if needed but only at the vaguest of levels. Thank you for taking the time to read and reply.
 
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#2
if the employer has no assets to pay then yes, you would not be able to collect the penalty from him.

of course,you still get your work comp benefits or their settlement value as it is insurable.
there is no special fund or other resource that steps in to pay the penalty for them.
there is no insurance for an illegal act.
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.
 
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#3
(10-12-2016, 10:44 PM)1171 Wrote: if the employer has no assets to pay then yes, you would not be able to collect the penalty from him.

of course,you still get your work comp benefits or their settlement value as it is insurable.
there is no special fund or other resource that steps in to pay the penalty for them.
there is no insurance for an illegal act.

Thank you for taking the time to reply. What do labor codes 4554 and 4555 refer to then? Their business is still open. Would I put a lien on their business? This seems somewhat unfair as had this happened at a company like walmart I would be assured compensation. *EDIT* I misread your previous statement for some reason as 'It is not illegal as insurance is not involved'. The simple fact is if they don't have it, i don't have it. Got it.
 
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#4
(10-12-2016, 11:03 PM)Damus Wrote:
(10-12-2016, 10:44 PM)1171 Wrote: if the employer has no assets to pay then yes, you would not be able to collect the penalty from him.

of course,you still get your work comp benefits or their settlement value as it is insurable.
there is no special fund or other resource that steps in to pay the penalty for them.
there is no insurance for an illegal act.

Thank you for taking the time to reply. What do labor codes 4554 and 4555 refer to then? Their business is still open. Would I put a lien on their business? This seems somewhat unfair as had this happened at a company like walmart I would be assured compensation. *EDIT* I misread your previous statement for some reason as 'It is not illegal as insurance is not involved'. The simple fact is if they don't have it, i don't have it. Got it.

I believe it's treated like any other debt collection.
You should get legal advice as the employer may try to hide assets.
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.
 
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