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I was working at a gym and was injured. My boss made me go to the emergency room. Now he says I was not an employee,
Anonymous2 views6 answers
My boss says that since I was a "contracted" employee, he did not have to carry workman's comp insurance on me I had a work schedule,a time card, wore a uniform, attended office meetings. I was knocked over by a medicine ball, it was thrown hard enough at me that I looked like a bowling pin getting hit by a bowling ball. I was diagnosed at the ER with whip lash and a moderate concussion. I was off work due to further complications for over 3 months.The diagnoses is Post Concussive syndrome which I suffered from for just under 1 yr I went to see an attorney who tried to open a claim with the CA uninsured employers fund, it has been over 3 years and I have not received any reimbursement. my attorney does not seem too interested. My ex employer keeps opening more gyms so I know he has money
If your current lawyer isn't doing anything for you, hire another lawyer. He's had your claim for three years? It doesn't matter how much money your ex-boss has. What matters is your status as a worker at the time of your injury. He obviously had you listed as an "independent contractor."
That is a tough issue. You need to meet with your attorney and get a clear understanding of what he thinks of your case. If he is really not interested you need to find an attorney that might be. If you worked at this place for a period of time you should have pay stubs that prove you were an employee. I'm sure your attorney has looked into it. You need to sit down and discuss it with him.
Most CA WC attorneys won't even take a uninsured employer case because they take so long and are so difficult. It takes an extra YEAR just to get to the starting gate. Make an in-office appointment to have a face-to-face appointment with your lawyer. Find out how many UEF cases he handles and try to assess if he knows what he's doing. Ask why it's taking so long and what he expects to happen in the future. What was the LAST thing he did on your case and when?
I agree with the other attorneys who answered. It seems that you were an employee; not a contractor. UEF claims move very slowly so it may be your attorney is performing in a normal fashion. You should talk to him though since you have the impression he lacks interest. Brett Borah was absolutely correct in stating that most attorneys wouldn't take the case, so be careful about firing him before you know where you will go next.
