Worker trying to con me!

[Eaglestone]

What is the name of your state? California

Im an owner of a marble fabrication and installation business, and a worker that I hired for 2 days as an installer is suing me saying he got hurt on the job. He told me he was going to sue me if i didnt let him keep working after those 2 days (dont have it on tape). I didnt even have the chance to put him on workers comp or file insurance papers on him. What are my options? He has no proof he even worked for me, and I am so angry I might just say he never did.

Does he need proof that he worked for me? How can he prove this? Thanks guys!

 

[weenor]

Are you covered by workers' compensation insurance? If so, turn his "accident" into your insurance carrier. If you have coverage he cannot sue you for the accident. However if you terminate his employment because he filed a w/c claim (reported the accident) he can probably sue you for wrongful termination.

 

[Eaglestone]

Yes I have workers comp. I was just wondering because I never had the chance to add him on it since he only worked for 2 days (I explicitly told him I only have work for 2 or 3 days for him). is workers comp blanket coverage for every worker I have or am I in a bad situation since i never added him to my workers comp?

Also, if I get a private detective to film him at work lifting heavy objects (he's getting treatment now), will it affect the case if I have this film?

 

[Zigner]

Yes I have workers comp. I was just wondering because I never had the chance to add him on it since he only worked for 2 days (I explicitly told him I only have work for 2 or 3 days for him). is workers comp blanket coverage for every worker I have or am I in a bad situation since i never added him to my workers comp?

Also, if I get a private detective to film him at work lifting heavy objects (he's getting treatment now), will it affect the case if I have this film?

Yes, your worker was covered.
*You* (or your agent) can't be the one to get film - but your insurance company should be the one to do the investigating.

 

[weenor]

Yes I have workers comp. I was just wondering because I never had the chance to add him on it since he only worked for 2 days (I explicitly told him I only have work for 2 or 3 days for him). is workers comp blanket coverage for every worker I have or am I in a bad situation since i never added him to my workers comp?

Also, if I get a private detective to film him at work lifting heavy objects (he's getting treatment now), will it affect the case if I have this film?

The insurer would normally give you a reasonable amount of time to add an employee unless your policy specifically states that you must notify the insurer immediately after hiring someone. Just turn the claim over to them and they'll figure out the rest.