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Fingure injury

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  • Fingure injury

    to whome it may concerned,
    My name is Jonathan. I work for a shop in California for 6 years part time. On Sept 2003, I got injury on job and my boss didn't have workman insurance. I have my own helth insurance. He told them this Sept 2003 I got paid by individual contractor and I agreed to pay tax myself for this month because I didn't want to have conflict between employee and employer then I came back as an employee earning wages on payroll. I am only one employee in the shop. By law does the shop have to have workman insurance for one employee only?
    My fingure is still weak, numb and mild pain after surgery. My physical therapy told me 10 years later I will need to replace a join cap. I know that not many years more my fingure can not do a good job for my career . Can I still claim workman comp after one, two or more year later if I couldn't do the good job like before?
    I signed an employment contact for 5 years. Can my boss still fire or layoff me if the business is slow?
    Last edited by LCH; 11-13-2004, 07:17 PM. Reason: I stated not clear enough. my bad english

  • #2
    Injury in California

    There are a couple issues here...1) you say that you are an employee but your employer says that you are a contractor. That could be a problem under California's wage laws. You can talk with the state's division of Labor Enforcement. You can read more about independent contractors vs. employee statuses at: http://www.dir.ca.gov/dlse/FAQ_Indep...Contractor.htm

    2) Your employer is required to carry workers' compensation. You should talk with the Division of Workers' Compensation. Their website is at: http://www.dir.ca.gov/dwc/faqs.html

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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