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Drug use on job California

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  • Drug use on job California

    I allowed a day laborer to help with the installation of a manufactured home at Big Bear California. It was made known to me the individual was under the influence of methanphetamene (sp?) I informed the individual he was to finish the day and not to return. The manufactured home shifted and pinned the laborer beneath. I was able to remove him and offered to bring him to a doctor to be examined. He received a cut on his elbow and a bruise on his lower back. I had him urinate into a bottle so that I could check for blood before letting him leave. He refused the offer to see a doctor and left the job site. 9 days later he went to the local hospital where he was x-rayed showing no injuries.He was released with a pescription for tylenol and told he could return to work in six weeks. He now wants me to pay him medical expenses and lost wages. I have also recieved a call from an individual claiming to be a retired workmens comp atty. He says he is representing this individual as a mediator although he has never met him. I had the urine analyzed and it returned positive for a number of drugs. In addition I did some investagating and found a long list of drug related convictions as well as being wanted in another state for unpaid child support. The "mediator" wants me to file a claim under his guidance, saying that, If I say the wrong thing the my insurance will not pay. The laborer was arrested the very same night of the accident for being drunk and disorderly. In addition he was arrested 3 more times within the 9 day period before going to the hospital. On one of those occasions he was treated at the same hospital for cuts to the forehead from fighting (disorderly). I have offered to pay for the medical bills to date and no more. If this person was truly injured I would have no problem filing a claim. I believe this mediator is simply trying to get me to file a fraudulent claim. Based on what I have shared what are my obligations? I might add this person worked a total of 7 hours for me. I have witnesses that will testify that this person continues to abuse drugs and that he has worked and is willing to work for day wages. I am not without compassion but will not be manipulated into committing fraud. I feel that if my offer to pay medical bills and no more is refused. I will not pay a dime. Input is very much appreciated. Thank You
    Last edited by Drushton2; 08-17-2006, 03:18 PM.

  • #2
    If you have workers comp insurance turn the matter over to the claims administrator. Or possibly your home owners insurance.

    Most retired workers comp attorneys do not hold a license to practice. You are not obligated to speak to this individual.

    If the injured is in custody he is not in a position to do anything.

    Your best protection is to turn the matter over to your insurance company. Are you insured?

    Need more information

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    • #3
      Send it to your carrier with the details you have shared and let them handle it. In CA it is not permissable for you to pay the bills directly. I certainly would not be paying the lost time for someone who worked only one day and had at least one intervening accident before seeking treatment. Err on the side of caution and report it as an injury. You can always challenge it, but do so through the proper channels. That way there is a record of this incident.

      I would cease conversations with this retired attorney. If he isn't legally on the record as the legal represetnative for this person, you have no more obligation or right to talk to him about this case than the guy's next door neighbor or hair dresser. He can call himself whatever he likes but if he isn't on the record, the WC Commission isn't going to give him the time of day in mediation or otherwise. I would simply tell him that you will speak only to the employee or the official legal representative on reocrd for the employee. If either of those parties calls you, I'd send them straight to your carrier. It's what you pay premiums for. I would however, make sure the carrier had a heads up on the situation first.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Thank You for taking the time to reply. I do have liability insurance but I do not have workmens comp coverage. In an effort to resolve this I did send a copy of my policy to the said " mediator" I spoke directly to the laborer and did make an offer to pay only medical bills. He is under the impression that he is being represented by an atty. and replied "My atty. says I am entitled to much more money" and refused my offer. I will take the advise given and will not have any further contact with the "mediator". Question now is there anything this person can do with the copy of the insurance policy? Should I request it be returned? Again my thanks

        Comment


        • #5
          There isn't much he can do with just a copy of the policy but you should call your carrier and let them know about the situation. You don't want them giving out information to this joker, nor filing a claim without your knowledge.

          I would not pay anything for medical or otherwise. For one, it isn't permitted under the WC laws of your state. Secondly, if he waited nine days before treatment, had interveneing accidents and never filed a claim, you are probably not on the hook for any treatment anyway.

          Since your situation is fairly messy and you have a psuedo-legal advisor on the other side and an employee of questionable moral stature out for money, I'd be on the phone to my legal counsel asap. If you don't currently have legal counsel, now would be a very good time to seek referral to one. It will be well worth your while to keep this from blowing out of proportion any more than it has.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment

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