WHAT HAPPENS IF MY EMPLOYER DOESN’T HAVE WORKERS’ COMPENSATION INSURANCE?
All employers in California are required to carry workers’ compensation insurance. It is a crime in California for an employer to not carry workers’ compensation coverage. If an employer is illegally uninsured they are putting themselves and their employees at risk. If an injured worker finds that their employer did not have workers’ compensation insurance, the State of California has resources in place to help.
When an employer has illegally failed to obtain workers’ compensation insurance, injured workers can pursue their workers’ compensation claim against the Uninsured Employers Benefits Trust Fund (UEBTF). The UEBTF provides workers’ compensation benefits when there is not an insurance company to file a claim against. Filing a workers’ compensation claim against the UEBTF is extremely complicated. An injured worker still needs to file the claim (done with a DWC-1 form) with the employer within a specified period of time. It is also necessary to complete a Coverage Research Service Request form and mail it to the Workers’ Compensation Insurance Rating Bureau (WCIRB). The WCIRB tracks the names, addresses, and dates of workers’ compensation insurance coverage for every employer in the state. The WCIRB will research their system for potential workers’ compensation insurance coverage. The WCIRB will then provide a letter advising whether or not the employer has workers’ compensation insurance coverage.
When it is confirmed that an employer does not have insurance coverage, an Application for Adjudication of Claim will need to be filed with the WCAB. The UEBTF then steps in as the “workers’ compensation carrier” would have.
When an employer doesn’t have workers’ compensation coverage, the injured employee may also have the option of filing a lawsuit in civil court instead of filing at the WCAB. (This would be important to discuss with a knowledgeable attorney such as the Law Offices of Siles & Foster, P.C. as there are strict time periods and if the time periods are missed you may be forever barred from filing your lawsuit). An injured worker can also file a complaint against their employer with the Division of Labor Standards Enforcement for not maintaining workers’ compensation coverage.
WE CAN HELP!
When you have been injured on the job, you shouldn’t be worried about filing deadlines and whether you have completed the appropriate forms. The Law Offices of Siles & Foster, P.C has handled numerous cases against uninsured employers in the North State for over the past 20+ years. If you were injured on the job and your employer doesn’t have workers’ compensation coverage or simply won’t give you the information you need to file a claim, contact the Law Offices of Siles & Foster, P.C. Call us at 530-898-9600 to schedule a free consultation to learn how we can help or contact us at www.siles-foster.comBack to main blog page