If An Employer Doesn’t Have Workers Comp Insurance

It is California law that any employer with one or more non-family employees must have workers’ compensation insurance. This law is in place to make sure that all workers in the State of California will be compensated if they are injured, disabled, made sick or killed in their workplace.

Unfortunately, many employers choose to violate this legal mandate and do not have workers’ compensation insurance! But this does NOT mean you are out of luck. Fortunately, the State of California has two programs in place for injured workers whose employers do not have workers’ compensation insurance.

Workers Comp is paid to employees of uninsured employers 2 ways:

1. UEBTF – The Uninsured Employers Benefits Trust Fund –
   UEBTF is a fund set up to pay uninsured businesses’ employee’s workers’ comp benefits. Then the fund goes after the employer for reimbursement of the payments. Made to their employee(s). Or,
2. The Subsequent Injuries Benefits Trust Fund –
   This fund pays benefits to employees of uninsured businesses who have a preexisting disability at the time of an injury resulting in permanent disability of 70% or more.

How to Get Uninsured Workers Comp from UEBTF: Anaheim Lawyers

Unfortunately, if you have been injured and your employer is uninsured, applying for UEBTF benefits can be a time consuming, drawn out, complicated & confusing process. This article provides a brief overview – but if you are applying for UEBTF benefits in California, it is in your best interest to call our experienced UEBTF lawyers for a free consultation.

Steps for Applying for Uninsured UEBTF Workers Comp:

1.  You must file a claim for benefits with the Workers’ Compensation Appeals Board (WCAB) to determine if you qualify for workers compensation – and how much you are eligible to receive.
2.  You must provide the legal name and proper identification information identifying your uninsured employer to UEBF.
3.  You or your lawyer must still legally serve the uninsured employer with the workers’ compensation claim.
4.  UEBTF is only required to pay your benefits at this point if your uninsured employer does not do so – and so you must submit proof of nonpayment to the UEBTF.

Also, unfortunately, unlike claims against a private workers compensation insurance company, UEBTF is not “accountable” to the Workers Compensation Appeals Board. So if UEBTF decides not to pay your workers compensation benefits, or stops or delays your benefits – for any reason – you cannot appeal their decision to the Workers’ Compensation Appeals Board . So, again, this is why it is so important to have an experienced workers comp lawyer by your side in an UEBTF case!

What if UEBTF Won’t Pay Your Workers Comp? Anaheim Lawyers

If the UEBTF denies your workers comp it is essential to consult a workers compensation lawyer who is highly experienced in UEBTF claims. In California law, all employers that have more than one (non-family) employee who do NOT provide workers’ compensation can be charged with a felony – and face penalties , fees and even jail.

A good workers comp lawyer may be able to “convince” the uninsured employer to pay for a worker’s injuries rather than face the severe fines and penalties of a felony conviction. There is a often a good chance you can get the benefits you deserve if you have an experienced workers comp lawyer pursuing a case against the uninsured employer.

Our Anaheim Area Workers’ Comp Lawyers Get Maximum UEBTF Benefits

If you have been disabled and you live in Long Beach, Anaheim, the greater Los Angeles area or anywhere in Southern California, we offer a free consultation with experienced Workers Compensation lawyers. We will help you understand your rights and obtain the maximum workers’ compensation or disability benefits. Call us today!