personal injury: uninsured employees fund & tort action for the vehicle insurance=general liability that is the law in California, and I think in every state.
MARTIN: FINAL ANWER!
If you don't pay your work COMP. and file for Bankruptcy, correct??? Your employee's are still covered via the Uninsured / insolvent Work Comp fund all us employers pay into.
KOSCKI REPLIES: This is correct Martin or you get the bankruptcy estate money like i did!!!!!!!!!!!!!!!!!!!!!!!!
MARTIN/TRUCK OWNER, RESPONSE: the signs in my office and the C.F. break room all say when your injured you have to report and fill out the Work Comp paperwork within so many day's or your claim will be dropped and you will get nothing.
So my question is DO YOU HAVE A RIGHT UNDER CA LAW OR FEDERAL LAW TO SUE THE TRUCK INS, when in fact CA Work Comp. has Uninsured / Insolvent Co. Work Comp Ins funds available??
KOSCKI RESPONSE: YEEEEEEEEEEEEEEEEEEEs! Federal and state laws apply! and that is EXACTLY what I am trying to do and this was filed on time for the truck insurance policy aspect the personal injury and suing the UEF-UNINSURED EMPLOYERS FUND, OR IN MY CASE THE BANKRUPTCY ESTATE, as well!
IF CONSOLIDATED FREIGHTWAYS HAD PROPER WORKERS COMPENSATION INSURANCE THEN I WOULD ONLY BEABLE TO GET THE USF & G plicy=workers compensation insurance poliy worth 2 million.
TRUCK OWNER/MARTIN: Plus did your try to file for it? Was the filing timely? And on and on?? I DON'T think my WORKERS COMPENSATION lawyers filed the uninsured employers fund, UEF on time, five years is all you have time to do it, so I will sue them FOR legal malpractice! BUT THEY MIGHT HAVE/ OR THEY MIGHT TRY AND SUE THE DEFENSE ALSO FOR FRAUD FOR LYING AND INDICATING TO THE WORKERS COMPENSATION JUDGE THAT THEY HAD WORKERS COMPENSATION COVERAGE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! THE PERSONAL INJURY WAS FILED ON TIME AND THE WORKERS COMPENSATION COMPLAINT, HOWEVER I THINK MY LAWYER WILL HAVE TO AMENDED THE WORKERS COMPENSATION COMPLAINT AND SUE THE UNINSURED EMPLOYERS FUND.
MARTIN/TRUCK OWNER: So that is the hang up with what I can see??? I don't know the laws in place at your time of injury. From what I can see with all my paperwork today here is you'd only be able to go after the Ins. if you'd NEVER accepted / signed a Work Comp check. You can have one or the other Ins. BUT YOU CAN'T SUE BOTh
KOSCKI RESPONSE: correct, BUT you get both when the employer FAILS to have/secured workers compensation coverage!, that is the big difference! 5 MILLION TRUCK INSURANCE POLICY FROM THE GENERAL LIABLITY, BUT SINCE THE DON'T HAVE THAT THEN i HAVE TO AMEND MY COMPLAINT AND SUE SEDGWICK CMS BECAUSE THEY THOUGHT C.F. WAS SELF-INSURED, BUT THEY HAD THEIR CERTIFICATE REVOKED IN 1996 FROM THE INDUSTRIAL REALATIONS/SELF INSURED PLANS.All my Insurance papers in the Truck Permit Books, and things I get to put on the Walls say "You can take the Truck Ins or The Comp. Ins. But you can't take both.
Koscki response correct but that is because you have proper workers compensation coverage, c.f. did not!
When you sign the first comp check, you accept the Work Comp. They put a small print disclaimer on the back where you sign, and retain that in there files. Just wondering if that was changed since your Wreck or it's always been that way??
I think it was changed in late 1990's or 2000?? NOT SURE?
koscki response to the above I do not know the law, but it sounds correct and that law is in affect now.
the above is RIGHT, HOWEVER CONSOLIDATED FREIGHTWAYS DID NOT SECURE WORKERS COMPENSATION THEREFORE YOU CAN'T SAY YOU ARE COVERED BECAUSE AN INJURIED PERSON IS ACCEPTIONG UNINSURED EMPLOYERS FUND, OR BANKRUPTCY ESTATE CHECKS IN MY CASE! YOU HAVE TO HAVE WORKERS COMPENSATION COVERAGE OTHERWISE THAT LEAVES YOU OPEN TO A TORT LAWSUIT=PERSONAL INJURY LAWSUIT WHERE THE GENERAL LIABLITY WOULD COME INTO PLAY & THE UNINSURED EMPLOYERS FUND OR BANKRUPTCY ESTATE MONEY IN MY CASE DID PAY SOME MONEY A TOTAL OF $23,000 TOTAL!
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