Most California employers are required to carry workers’ comp insurance. But what if they don’t? Knowing what to do if your employer doesn’t have workers’ compensation insurance is key to protecting your rights.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys help you fight for the compensation you deserve after a work injury. We help you through the steps even if your company wrongfully failed to carry workers’ comp insurance. We know how to assist you.
California Employers Must Carry Workers’ Compensation Insurance
Almost every employer in California has to carry workers’ compensation, or be self-insured. Even part-time employees are protected, as are many misclassified independent contractors. Without coverage, your employer could be violating state law and face:
- Civil penalties
- Criminal charges
- Stop-work orders
- Personal liability for your injury costs
But California law also helps to protect you. There is a special fund that helps ensure workers get benefits when their employer violates the law.
The Uninsured Employers Benefits Trust Fund (UEBTF)
If your employer is uninsured, you may be eligible for benefits through the Uninsured Employers Benefits Trust Fund (UEBTF). This state-run program pays the same types of benefits a normal workers’ comp insurer would provide, including:
- Medical treatment
- Temporary disability payments
- Permanent disability benefits
- Supplemental job displacement benefits
- Death benefits for surviving dependents
The UEBTF then goes after your employer for reimbursement of what it paid.
Step 1: Get Medical Treatment Immediately
Your health comes first. Seek medical care right away and tell the provider your injury is work-related. Even if your employer is uninsured, you are still entitled to treatment. Keep copies of:
- Medical records
- Doctor’s notes
- Work restrictions
- Bills and receipts
Step 2: Report the Injury to Your Employer
Even if your employer doesn’t have workers’ comp coverage, you still need to report the injury as soon as possible. Do so in writing so that it established the timeline of what occurred. It also keeps your employer from claiming they didn’t know about the accident.
If your employer refuses to provide a workers’ comp claim form, note the refusal in writing. You can still move forward with the UEBTF process.
Step 3: File a Claim With the Workers’ Compensation Appeals Board (WCAB)
To access UEBTF benefits, you must file an Application for Adjudication of Claim with the WCAB. This formally opens your case. You will also need to prove that your employer was uninsured on the date of injury. The state will help verify this, but you may need to provide:
- Pay stubs
- Work schedules
- Witness statements
- Job descriptions
- Any communication showing you were an employee
Independent contractors are often misclassified in California. Even if your employer calls you a contractor, you may legally be an employee entitled to benefits.
Step 4: Cooperate With the UEBTF Investigation
The UEBTF will investigate your claim, confirm your employment, and verify that your employer lacked insurance. The investigation will request documents and may schedule interviews with you and others. Make sure to cooperate by responding promptly and with complete information.
Step 5: Understand That Your Employer Cannot Retaliate Against You
Employers are not allowed to retaliate against you because you reported their non-compliance, or for simply getting the benefits you deserve. This means they cannot:
- Fire
- Demote
- Change your schedule
- Threaten
- Harass
you because of the workers’ comp claim. If they do, you could have a separate legal claim against your employer.
Step 6: Speak With a Workers’ Compensation Attorney
UEBTF claims are more complex than standard workers’ comp cases. An attorney can help you:
- File the correct forms
- Prove your employer was uninsured
- Gather evidence of employment
- Secure medical treatment
- Maximize disability benefits
- Protect you from employer retaliation
Get Help After an Injury: Even If Your Employer Failed to Carry Workers’ Compensation Insurance
Just because your employer is uninsured doesn’t mean you have no access to benefits. California law specifically protects employees in this situation. By acting quickly and working with an attorney, you can seek the benefits you’re owed.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.