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What to Do if Your Employer Doesn’t Carry Workers’ Compensation Insurance in CA 

  • Published: May 10, 2021
What to Do if Your Employer Doesn't Carry Workers' Compensation Insurance in CA (1)

After experiencing an accident in the workplace, many employees rely on the compensation provided by their employer’s insurance company to get the medication and treatment they need. This financial assistance is often crucial for injured workers to pay off their medical bills, but it is also vital for anyone who has experienced a loss of wages as a result of recovering from the workplace accident. 

However, some employers in California do not have workers’ compensation insurance. When an injured worker learns that their employer is not able to provide them with financial assistance, it can be difficult for them to know where to turn. At times like this, it is necessary to contact an experienced California workers’ compensation attorney like the attorneys at KCNS Law.

Receiving Compensation for a California Workplace Injury

If you are injured at work and learn that your employer does not carry workers’ compensation insurance, it is still possible for you to obtain some financial compensation benefits. In the state of California, workers can contact the Uninsured Employers Benefits Trust Fund (UEBTF) who will assist in paying out workplace injury compensation. 

The UEBTF is a state agency that allocates funds temporarily to workplace injury victims. These funds must be returned to the UEBTF with any money that the employee recovers after the case. To receive financial benefits, employees must apply to the UEBTF and provide them with:

  • Special Notice of Lawsuit, notifying their employer
  • Official medical documentation of the workplace injury
  • Proof of employment at the location where the accident took place
  • Petition to Join Party Defendant UEBTF

Employees have a three-year statute of limitations to file a claim within California civil court after the workplace incident. After the claim is filed, the California workers’ compensation lawsuit process dictates that an employee who is seeking compensation for a work-related injury must prove that their employer did not have insurance that provided workers’ compensation when the accident took place. 

It can be a challenging legal battle for many employees who are still recovering from their injuries to go through the process of gathering evidence and building a strong case, but an experienced attorney can provide resources and assistance to those pursuing a workers’ compensation claim in California.

Penalties for Employers without Workers’ Compensation Insurance

The majority of workplaces in California offer some level of workers’ compensation to their employees to protect against any potential damage that they may receive while on the job. However, if an employee is injured at work and an employer does not offer workers’ compensation, there is a possibility that the employer can face penalties if the case is brought to civil court, including:

  • Misdemeanor criminal offense conviction, punishable by up to one year in county jail
  • Penalties up to twice the amount of the insurance premium, no less than $10,000

For employers, one of the most significant aspects of a court learning that they do not possess California workers’ compensation insurance is that they are barred from hiring, both temporarily and permanently, any new employees until that insurance is purchased. 

Are California Employers Required to Provide Workers’ Compensation Insurance?

Laws in California state that all employers must carry workers’ compensation insurance. Although many people imagine a workplace injury taking place on a construction site or in a factory with heavy machinery, a serious accident can occur anywhere, even in an office or a coffee shop. Injuries are not always instantaneous and may also include long-term damage from repetitive motion. For that reason, business owners who manage any kind of workplace are required to provide coverage if an employee needs workers’ compensation.

Contact a Reliable California Workers’ Compensation Attorney

Experiencing an accident at work can have life-changing consequences, and it can be difficult to deal with your injuries if you are unable to obtain workers’ compensation insurance from your employer. Anyone working in California who has experienced harm while at their place of employment deserves to receive compensatory benefits for their injuries. 

The team at KCNS Law Group is experienced in obtaining the best possible compensation for our clients, and we are dedicated to ensuring that each case receives one-on-one attention from one of our skilled workers’ compensation attorneys. To schedule your free consultation with one of the legal professionals at KCNS Law Group, visit us online or call us today at (818) 937-9255.

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