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What Happens If My Employer Doesn’t Have Workers’ Compensation Insurance?

man with an injured wrist at a laptop

Workers’ compensation insurance is vital to protect employees who may suffer injuries because of a workplace accident. California requires all employers who employ one or more persons to provide workers’ compensation insurance coverage. Unfortunately, employers do not always abide by these requirements, and it can complicate matters following an injury.

If your employer doesn’t have workers’ compensation insurance, it’s essential to recognize how an injured worker can pursue benefits following a workplace accident. Below, we’ll explain what happens to the employer when they don’t have workers’ compensation insurance and how to pursue compensation should a hardworking employee suffer an injury at a workplace.

Call our team today at (888) 740-6434 if you experience a workplace injury. We’re the lawyers for injured heroes, and we’re ready to help you.

When an Employer Doesn’t Have Workers’ Comp

Because state requirements state that all employers with one or more employees must provide workers’ compensation, it’s a criminal offense not to have this coverage. Employers are subject to California Labor Code Section 3700.5 and failing to have workers’ comp insurance can result in a fine of $10,000 or more. In some situations, it can result in one year of jail time or both.

The state may also penalize the employer further, adding up to $100,000 in fines.

An employer without workers’ comp insurance must look at other avenues to cover expenses and benefits associated with an employee’s injuries. In a workplace, workers’ compensation insurance should be available to employees to obtain benefits in lieu of legal action. When an employer does not have insurance coverage to cover the losses, the injured employee can file a civil lawsuit against their employer.

The Uninsured Employers’ Benefit Trust Fund

In situations where employers do not provide workers’ compensation insurance, an injured worker may rely on the Uninsured Employers’ Benefit Trust Fund or UEBTF. This unit works within the Division of Workers’ Compensation to help pursue benefits and compensation injured workers deserve if an employer illegally fails to carry insurance.

The UEBTF uses all avenues possible to obtain compensation to reimburse injured workers. One method that this unit may use is a lien against an employer’s property. When the UEBTF is unable to obtain compensation, a lawsuit may be a viable option.

Filing a Civil Lawsuit for Compensation

Workers’ compensation insurance prevents injured workers from suing employers after a workplace accident. However, a lack of coverage means the worker who suffers harm can take legal action to obtain the compensation they deserve, but having an attorney can make a difference in the benefits a worker may recover.

At Pacific Workers', The Lawyers for Injured Workers, we fight for injured heroes. We believe that the hardworking employees within our community deserve to pursue compensation when they need it most. No matter the situation, we work to hold employers and insurance companies accountable after a workplace injury, allowing injured workers to move forward with their recovery while also receiving benefits they would have had they been working.

We know that California employers must provide workers’ compensation insurance coverage to their employees. When they don’t, there are legal avenues to explore that help injured workers. Our job is to guide our clients through the process of dealing with employers and insurance companies who refuse to pay out compensation and benefits.

Our Oakland workers’ compensation attorneys go above and beyond to explain injured workers’ rights. Approaching an employer or insurance company about compensation is never an easy task. Still, our team will be right there to explain every aspect and position our clients’ rights most favorably.

Since 1994, we’ve provided the highest level of dedication to thousands of clients, resulting in 98% of cases ending in our clients’ favor. If you suffer a workplace injury or develop a work-related illness, call our committed team today at (888) 740-6434 for a free consultation.

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