What to Do If My Employer Doesn’t Have Workers’ Comp Insurance?

Posted by Farnsworth Law Group on August 26th, 2019

Suffering an injury at the workplace is like living your worst nightmare. While no one can truly compensate you for the pain and suffering you’d have gone through in the aftermath of an injury, Workers' Compensation in California is there to compensate you for the financial losses. This insurance like elsewhere in the United States has been conceived to offer relief to injured workers or those who contract illness at the workplace. From medical bills to rehabilitation costs and disability benefits, workers’ compensation helps injured workers in many ways.

Once you have been injured at work you need to bring it to the notice of your employer immediately. Your employer is required to give you a Workers’ Compensation Claim Form (DWC 1). This is the first step to claiming your workers’ compensation benefits. But there are instances when during such trying times employers inform workers that they don’t have workers’ compensation insurance. What do you do in such an event? You should waste no time and get in touch with a work injury attorney in San Francisco to represent you in this situation.

What Does The Law Say?
Under the law in the State of California, the Department of Industrial Relations makes it mandatory for employers to have workers' compensation insurance. In fact, California’s state law doesn’t allow employers to not have this insurance as they need to have it even if they employ only one person, unlike some states that offer some relaxation in the number of employees. But there are some employers who tend to cut corners in order to save costs. Your employer not having this insurance is a clear violation of the law and you need to fight for your benefits. As per California Labor Code Section 3700 it is categorized as a misdemeanor and punishable by up to 1-year imprisonment and/or fines ,000 or more.

What Happens To Your Case? 
You aren’t guilty, your employer is and hence you shall receive the benefits you deserve but you may have to fight a legal battle which your attorney shall take care of. In such events, the law makes your employer liable for covering all your losses and the benefits you receive would be equitable to those you are entitled to under workers’ compensation insurance. You’d also be eligible for additional compensation to cover the fees you have to pay to your attorney to challenge the matter in court.

Can I Know if My Employer is insured?  
Workers’ Compensation is a necessary benefit that would compensate for your losses in case of an illness or injury. As a work injury attorney in San Francisco would tell you it is advisable that you verify whether your employer or one you plan to join soon has Workers Compensation Insurance. You can search for this on the official website of California Workers' Compensation Coverage Inquiry by filling in necessary details about the employer. If your employer doesn’t have the insurance or asks you to buy insurance privately you can report it as a violation of your rights.

Summary – In this write-up, we look at what you can do if your employer doesn’t have workers compensation insurance.