I worked on an Indian reservation Casino as a server. I was robbed and assaulted on duty. The employer wrongfully terminated me and falsified a report which led workers comp to deny my case.
Please be careful. Indian Territory may be considered Federal Jurisdiction and may not be subject to state law. I would ask your personal injury attorney for this information. Indian Tribes have particular rules as separate sovereigns.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
Possible, but you may want to go with the termination, see if out of that facts or evidence are developed, and then you can use those facts to reopen the comp case.
Did you hire a lawyer for either claim, you should have .
No attorney client relationship has been formed until you sign a representation agreement.
Generally speaking, California's worker's comp board has no jurisdiction over casino workers on Indian reservations. However, some tribes have their own coverage through Tribal First. They may also voluntarily elect or agree in a compact to certain coverage. In short, where you specifically worked makes a difference. Assuming you do have some form of worker's compensation protection, you would be able to pursue both, as they compensate for different wrongs/injuries.
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