A guy has filed a false claim against my company for workers comp. The company did not even exist.

Asked 5 months ago - Huntington Beach, CA

The company did not even exist until one year after his alleged injury. The accident happened in 2003 and it is finally going to trial now in 2014. I have written expressed 'motion to dismiss" this case to the workers comp and showed evidence of business filing but yet it is still on for trial ! What the heck?

Attorney answers (5)

  1. Sheryl L Lam

    Pro

    Contributor Level 11

    7

    Lawyers agree

    Answered . I assume that since you are asserting that there was no company or employees at the time you did not have workers compensation insurance. You may want to talk with the Information and Assistance officer at the local Workers Compensation Appeals Board. You may also want to talk with a competent workers compensation defense attorney who may be able to assist you with this matter.

    If you wish to consult with an attorney you can search on this site or contact my office and we can give you a couple of referrals to attorneys that handle that type of case.

    Good luck!!

    Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in... more
  2. Marjory Harris

    Contributor Level 14

    6

    Lawyers agree

    Answered . Are you asking a question? I hear your frustration. You need a lawyer.

  3. Michael Amadeo Mazzoni

    Contributor Level 9

    4

    Lawyers agree

    Answered . If the entity did not exist at the time of the injury, then I think you are in good shape as far as your potential defense. I would advise at least consulting with an attorney about the correct ways to file the motion with the WCAB, for a judge to decide. Sometimes the workers' comp judges (WCJs) want to make sure the injured employee is protected (as the law is to be construed in the applicant's favor per the Labor Code), so it is not unusual that this case is set for trial. But if you can show that the claimed injury did NOT occur in the course and scope of any employment, (since the company did not exist in 2003 then it will be difficult for the employee to do this!) then you should be fine. But make sure to consult with someone, as this issue may have more to it, and I don't have all the facts.

    Disclaimer: There is no Attorney-Client relationship created by use of this website. Neither your receipt of... more
  4. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . You need to be thinking about how you are going to prove the company did not exist at the time the guy claims he was injured. This may not be as simple as you think. First, you have to nail down the claimed injury date. Then, you need documents that tend to show the business did not yet exist. Don't expect the court to just take your word for it. An experienced lawyer can help you make sure that your defense works like you expect it will.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  5. John M Connell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with Ms Harris that you need an attorney to represent you in the litigation. If you do not have one seek one out immediately

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more

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