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What can I do if my employer does not have workers’ comp insurance?

On Behalf of | Jan 31, 2022 | Workers' Compensation |

Most employers have to carry workers’ compensation insurance coverage. If you suffer an injury at work and try to make a claim but your employer does have insurance, you may an alternative option.

The California Department of Industrial Relations explains that if the law mandates your employer to have workers’ compensation coverage but it fails to secure it, you can make a claim to the Uninsured Employers Benefits Trust Fund.

How it works

The UEBTF is a fund that will pay out benefits to workers when employers fail to provide the proper coverage. The benefits will come after a ruling from the Workers’ Compensation Appeals Board. You will have to make a claim and go through a process to secure benefits, but it is different from your normal workers’ compensation claims process.

The process

Filing a UEBTF claim is more complex than filing a normal workers’ compensation claim. Your local workers’ compensation office can assist you with the process. You will need to begin with a standard claim form, but then you also have to file an adjudication of the claim and make sure you file it prior to making a claim with the UEBTF.

Other information

Keep in mind that your employer will face separate penalties for not following the mandatory coverage requirements. In addition, your employer may be liable for your injuries, which could enable you to file a personal injury claim in court against it. However, it is not always possible for you to file a civil lawsuit, so you should be sure to check out all your options.

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