Most Los Angeles employers are legally required by state law to carry workers’ compensation insurance for their employees, even if they have just one part-time worker. When an employer fails to meet this requirement, it creates serious legal issues for both the company and any workers injured on the job. Reach out to our work injury lawyer in LA for assistance if this is the case for you.
Employers without required insurance can face steep civil fines, potential criminal charges, and aggressive enforcement actions by agencies such as the California Division of Labor Standards Enforcement. Not only can they end up owing you for medical bills and lost wages, but they’ll also face penalties and sanctions from the state.
Can You Still Recover Compensation if Your Employer Is Uninsured?
Yes, you often can. Just because your employer doesn’t have insurance, you do not lose your rights as an injured worker. State law generally provides several alternative paths for you to seek compensation for your medical expenses, lost wages, and work-related disabilities.
What Should You Do After Discovering Your Employer Has No Insurance?
If you find out your employer does not have workers’ compensation insurance after a work injury, don’t panic; you still have rights and options. Acting promptly and documenting everything can help protect your claim.
- Report Your Injury in Writing: Let your employer know about your injury as soon as possible and make sure it is documented. This almost always needs to be done within 30 days of the incident.
- Collect Evidence: Gather any information related to your accident. Take photos, get witness names, save emails or texts, and keep copies of any paperwork your employer gives you about your work or injury.
- Get Medical Attention: See a doctor as soon as possible. Tell your provider this is a work-related injury so there’s accurate documentation in your medical records.
- File a Workers’ Compensation Claim Anyway: You can file a claim with the state Workers’ Compensation Appeals Board, even if your employer says you are not covered.
- Contact an Attorney Quickly: The advice and support of a workers’ compensation attorney can be especially valuable in these cases. A lawyer can help you start a claim with the Uninsured Employers Benefits Trust Fund (UEBTF), check your other legal options, and guide you every step of the way.
Don’t let the fact that your employer is in violation of the law prevent you from getting the benefits you need and deserve.
What Is the Uninsured Employers Benefits Trust Fund (UEBTF)?
The Uninsured Employers Benefits Trust Fund (UEBTF) is a special fund run by the state of California to help injured workers whose employers lacked workers’ comp insurance. Through the UEBTF, you may be eligible for the same types of benefits as other injured workers, including medical costs, temporary and permanent disability payments, and supplemental job displacement benefits.
To file a UEBTF claim, you must file a regular workers’ compensation claim and prove that your employer didn’t have the required insurance when you were hurt. The state may seek to recover all payouts from your employer later on, but that won’t hold up your access to benefits if you qualify.
Can You Sue an Employer That Doesn’t Have Workers’ Compensation Insurance?
Normally, California workers’ comp is the exclusive remedy for job injuries, which means you can’t sue your employer for work injuries. However, there’s a big exception for uninsured employers. If your employer broke the law by failing to obtain required insurance, you are allowed to sue them directly in civil court for your injuries.
This can entitle you to personal injury damages above what traditional workers’ compensation might provide, such as full lost wages, medical costs, pain and suffering, and sometimes even punitive damages, depending on the situation.
If your employer failed to carry workers’ comp insurance, it’s important to act quickly and seek legal help. Our team can guide you through filing a claim with the UEBTF, start a lawsuit if appropriate, and fight for everything you’re owed under the law. If you have questions about an uninsured employer after a workplace injury, contact us today for help and schedule your free consultation.