Slip and fell while in a drained pool and died.

[rmet4nzkx]

Your post is worthless. Workers compensation has NOTHING to do with a self-employed individual.
And a self-employed has NO choice of workmens compensation coverage for themselves.

Correct YOUR post is worthless. I asked the questions knowing full well what the response would be otherwise they wouldn't be comming here looking for other possibilities and why I initially asked the questions I did. If you actually read the information on the W/C link you would have seen that W/C insurance is available but not required for self employed individuals and on the off chance that OP's deceased husband was in independent contractor sub contracted by another firm, it is possible that he might have been covered by the uninsured fund, but not if the only reason he was not covered by insurance through his own fault. There are licensing requirements for pool and related construction http://www.cslb.ca.gov/licensing/c53.asp but not for pool maintenance.

It would appear that the deceased either suffered some collapse or sliped and fell resulting in death that was not due to negligence of the homeowner. I would think that OP would have attempted to make a claim against the homeowner's insurance already if there had been any finding of fault on the homeowners part.

 

[JETX]

Correct YOUR post is worthless.

Don't tell my you forgot to take your 'anti-stupid' pills again!!!

I asked the questions knowing full well what the response would be otherwise they wouldn't be comming here looking for other possibilities and why I initially asked the questions I did.

What the hell are you talking about???
Your post ("Unfortunately OP's husband was self employed and chose not to get worker's compensaiton insurance nor any other type of insurance. WORKERS' COMPENSATION BASICS The California workers' compensation system"), doesn't ask ANY "questions" at all.

And since workers comp insurance doesn't apply to self-employed.... your post is worthless.... and your attempted denial makes you look like both a fool.... and stupid.

If you actually read the information on the W/C link you would have seen that W/C insurance is available but not required for self employed individuals

Yes, but if you had any real knowledge of the subject, you would know that you cannot get workmens comp to cover yourself!!! If you could, the world would have even more fraudulent workers comp claims out there. Every low-life scum would simply create a d/b/a.... get workers comp, then 'throw their back out'.

and on the off chance that OP's deceased husband was in independent contractor sub contracted by another firm

Who's ass did you pull that out of??
Where is there ANYTHING in this thread to even suggest that the OP's husband was working for anyone??
You would have been just as relevant if you had said that he might be covered by Martian insurance... since he might be from Mars.

it is possible that he might have been covered by the uninsured fund

Huh??? More 'made up' stuff??
What 'uninsured fund' are you talking about??

There are licensing requirements for pool and related construction http://www.cslb.ca.gov/licensing/c53.asp but not for pool maintenance.

And how is that relevant??

It would appear that the deceased either suffered some collapse or sliped and fell resulting in death

Where did you get that information or is just some more of your made-up imaginary crap??
There is NOTHING in this thread to even hint at what might have happened to the OP's husband, or even what the cause of death was.

I would think that OP would have attempted to make a claim against the homeowner's insurance already

Under what LEGAL theory???

In any case, the bottom line is your link to workmens comp coverage as being possible is worthless..... unless he was an employee or contractor of someone else.

So, start posting accurate posts.... you have already been warned. The next one is the 'boot'.

 

[msmarie]

Wow here we go again. Met dont feel bad, this happens to me too. The poor guy died on someones property and with a no fault state I would contact the homeowner's insurance or hire the an attorney to check things out. The wife hasnt been on here so how do we even know she is reading these posts. TTYL

 

[msmarie]

And yes her post did say what he died of . You need to reread it Jex

 

[rmet4nzkx]

And yes her post did say what he died of . You need to reread it Jex

Jet does this from time to time, doesn't read the post and tries to stir things up. He likes cat fights and there hasn't been one lately. He needs the Testosterone boost and can't think too clearly when his hormones are out of wack. It does no good to post the references because in his current state, he's not competent to comprehend them.

 

[weenor]

Yes, but if you had any real knowledge of the subject, you would know that you cannot get workmens comp to cover yourself!!! If you could, the world would have even more fraudulent workers comp claims out there. Every low-life scum would simply create a d/b/a.... get workers comp, then 'throw their back out'.

Jet at the risk of unleashing your wrath....I have two cases in my office right now in which the employer is being paid workers' compensation. One is the president of his small corporation (3 employees); one is the sole proprietor of a gas station with he and his son listed as the only employees on the policy. I have told my client that I do not think those policies should have been underwritten, but they were. I have seen one case where the court of appeals in my state said that a sole proprietor could not maintain coverage on himself. However, this decision was based on the language written in the policy. Anyway, I digress...OP says there was none. Just never say never.

 

[rmet4nzkx]

Jet at the risk of unleashing your wrath....I have two cases in my office right now in which the employer is being paid workers' compensation. One is the president of his small corporation (3 employees); one is the sole proprietor of a gas station with he and his son listed as the only employees on the policy. I have told my client that I do not think those policies should have been underwritten, but they were. I have seen one case where the court of appeals in my state said that a sole proprietor could not maintain coverage on himself. However, this decision was based on the language written in the policy. Anyway, I digress...OP says there was none. Just never say never.

Here is the informaiton covering this from the CA state W/C website previously linked:

* DWC's toll-free telephone number -- 1 (800) 736-7401-- which contains recorded messages on a variety of topics.

Questions Frequently Asked by Employers

The following are questions frequently asked of DWC information and assistance officers and other staff by employers.

Q. Do I need to have workers' compensation insurance?

A. California law requires employers to have workers' compensation insurance. Even out-of-state employers may need workers' compensation coverage if an employee is regularly employed in California or a contract of employment is entered into here.

Q. My spouse and I are the sole owners of our business. We have no employees. Are we required to obtain workers' compensation coverage?

A. Generally, if you are the sole owners of the business, coverage for yourselves, is optional if you wish to pursue it. You would need to have workers' compensation coverage for any employees you may hire. You should consult with your attorney, insurance agent or broker, or carrier regarding the specifics of you situation and your options.

Q. Are executive officers or directors of the company covered in its workers' compensation policy?

A. Generally, all employees of the company, as legally defined, including corporate officers and directors, must be included in the policy unless they are the sole owners of the firm, in which case they may elect not to be covered. Several sections of the California Labor Code must be considered here. You should consult with your attorney, insurance agent or broker, or your carrier regarding the specifics of your situation.

Q. Where do I get workers' compensation insurance?

A. You can get workers' compensation insurance coverage from any of the more than 300 private licensed insurers authorized to sell such policies in California. While you can purchase the policy directly from an insurer, most policies are sold through an insurance agent or broker.

The largest workers' compensation carrier is State Compensation Insurance Fund (State Fund). If you can't find an insurer willing to cover your business, State Fund is required to provide you with coverage.

If you belong to a trade association you might want to check with them first - some trade groups negotiate special rates for their members. Your local chamber of commerce may also be a source of good advice.

 

[JETX]

And yes her post did say what he died of . You need to reread it Jex

You need to go back and take a reading comprehension course. The OP did NOT say WHAT he died of.... only that he "slipped and fell while in the pool and died."
There are any number of reasons that he might have 'slipped and fell'... and just as many of what he died from.
I have NEVER, EVER heard of anyone dying from "slipping and falling".

 

[JETX]

Jet does this from time to time

Sorry, but not true. I do this ALL the time.... that means if you mean expect accuracy in responses.

As for 'rmet', she posts accurate information about 10% of the time.... with most of her posts being inane, off-topic, imaginary crap.

Jet does this from time to time, doesn't read the post and tries to stir things up. He likes cat fights and there hasn't been one lately. He needs the Testosterone boost and can't think too clearly when his hormones are out of wack. It does no good to post the references because in his current state, he's not competent to comprehend them.

Gee, and how does that go along with your several PM's to me to try to help you????
Like on 1/12/06
And on 12/14/05
And on 9/7/05

As I said, you have already been warned about your error-filled posts and other crap. Wanna' try for 'the boot'???

 

[HomeGuru]

What is the name of your state? California

Cause of death was cranialcervical sprian.

**A: is this what JETX read?

 

[stephenk]

cranial-cervical sprain causing death? How? that is just another term for a sore neck.

 

[rmet4nzkx]

Oh! This is too funy!

Sorry, but not true. I do this ALL the time.... that means if you mean expect accuracy in responses.

And when you do it you are usually shown to be off on YOUR take, I have also pointed out when you posted the wrong citations for the state and allowed you to change it without embarassment.

As for 'rmet', she posts accurate information about 10% of the time.... with most of her posts being inane, off-topic, imaginary crap.

Lol! My record stands, for the most part my posts are on topic and painfully accurate, I along with others here from time to time have some friendly banter, yourself included.

Gee, and how does that go along with your several PM's to me to try to help you????

Really? So important that I didn't keep a record of it. Did you read them to see what they were about? On occasion I send out PM's to members who may find a thread amusing or they may wish to comment. That is not asking for help.
Like on 1/12/06 https://forum.freeadvice.com/showthread.php?t=301574
And on 12/14/05 https://forum.freeadvice.com/showthread.php?t=296531
And on 9/7/05 This one was titled This woman needs a dose of reality
Sent to: JETX
All unread

As I said, you have already been warned about your error-filled posts and other crap. Wanna' try for 'the boot'???

You seem to have a reading comprehension problem. OP gave a COD and this was pointed out by other members and you aren't jumping on them, COD is vague but did give one which you didn't notice, you didn't read any of these PMs in which you now claim I was asking you for help. Now you totally ignore when I post word for word from the WC site in CA which proved me correct, that is what usually happens, I prove myself correct and you slink away rather than admitting you didn't have the correct informaiton afterall. Next time you post the wrong citation I won't be so nice.

All this because I agree with you that OP doesn't indicate any basis for a lawsuit even after being questioned further and probate is her only recourse. Self-employed persons who fail to get insurance in order to cut costs, cost their family in the end, a sad fact of life.

 

[rmet4nzkx]

cranial-cervical sprain causing death? How? that is just another term for a sore neck.

Very vague cause of death, possibly not from an autopsy or death certificate because it was too close to the event and reports were not ready yet. OP didn't qualify that at all, that is why I concluded

It would appear that the deceased either suffered some collapse or sliped and fell resulting in death that was not due to negligence of the homeowner.

Allowing for both natural and/or accidental caused of death to be determined while at the same time ruling out negligence on a provisional basis.

 

[snostar]

Hey Jetx this post reminds of your dear old friend.... coosi.

 

[msmarie]

Who is Jex referring to have booted off of here because of inaccurate posts? Such anger in some of these things, really is childish I think. And I agree with Met!!