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Home>Levelset Community>Legal Help>A non-English speaking carpenter, an illegal immigrant, filed a worker's comp claim for an injury allegedly sustained on my job site claiming that I am his employer. This is a lie because I not only am NOT his employer but I am not anyone's employer... only a General Contractor that hires licensed tradesmen and independent contractors. I do not carry comp. I contend this carpenter, whom I have never seen before and did not hire, is protecting his true employer and sticking me with the damages from his alleged injury. Doesn't he have to prove his employment with pay stubs or some other means?

A non-English speaking carpenter, an illegal immigrant, filed a worker's comp claim for an injury allegedly sustained on my job site claiming that I am his employer. This is a lie because I not only am NOT his employer but I am not anyone's employer... only a General Contractor that hires licensed tradesmen and independent contractors. I do not carry comp. I contend this carpenter, whom I have never seen before and did not hire, is protecting his true employer and sticking me with the damages from his alleged injury. Doesn't he have to prove his employment with pay stubs or some other means?

California

I'm a General Building and General Engineering Contractor in California engaged in design and construction of small apartment projects in San Diego. I am not a registered employer because I have no employees and I do not pay for worker compensation insurance. I believe that a carpenter employed by an unlicensed framing contractor dispatched a carpenter to my job site without my knowledge or consent and, because the carpenter was injured, they are now claiming I am his employer.

1 reply

Sep 6, 2018
I'm sorry to hear about your situation. First, as you may know, undocumented workers are also entitled to make workers comp claims (where a claim is appropriate). Of course, that does not mean that such a worker can file a claim against someone who is not actually their employer. In fact, when a party knowingly or intentionally falsifies information in order to obtain workers' compensation benefits, they may be committing workers' comp fraud. Further, if they have conspired with another party - such as their true employer - that employer could face penalties as well. For those fount to be acting fraudulently, misdemeanors and even felonies may come into play. For a little more information, Shouse Law Group has a great resource: California Workers' Compensation Fraud Laws. Unfortunately, I'm unable to provide much more insight here since my specialty lies in construction payment rather than labor law or workers comp. However, there are other legal forums available online that might be more helpful. Particularly, avvo.com is a great resource where individuals can ask attorneys questions on any number of legal topics - for free! Further, it might be wise to consult a local attorney to discus your case. Avvo, Justia, and Lawyers.com all provide helpful resources for finding the best workers comp attorney near you. Good luck!
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