Orange County Workers Comp Lawyers Explain
California’s Uninsured Employers Benefits Trust Fund (UEBTF) –
California Workers’ Compensation law requires that any employer with one or more non-family employees have workers’ compensation insurance. This ensures that all workers in the state will be compensated adequately, should they be injured, disabled, made ill or killed in the workplace.
However, some employers choose to violate the law and do not have workers’ compensation insurance in place. Fortunately, the State of California has two programs in place to compensate injured workers whose employers were uninsured.
Workers compensation may be paid to employees of uninsured employers through:
- The Uninsured Employers Benefits Trust Fund (The UEBTF) -This covers benefits awarded by the Workers’ Compensation Appeals Board. UEBTF pays for the uninsured workers’ benefits, and then pursues the employer for reimbursement of these payments. Or,
- The Subsequent Injuries Benefits Trust Fund – This covers employees with a preexisting disability at the time of injury resulting in permanent disability of 70% or more.
How Do I Get My UEBTF Workers Comp Benefits?
Unfortunately, applying for UEBTF benefits can be a long, complex and even confusing process. This article gives a brief overview – but if you find yourself applying for UEBTF benefits in California, it is always in your best interest to consult with an experienced UEBTF attorney.
- Applicants must file a claim for benefits with the Workers’ Compensation Appeals Board (WCAB) to determine if they qualify for workers compensation – and how much they are eligible to receive.
- Applicants must provide the legal name and proper identification of their employer to UEBF.
- Applicants (or their attorneys) must legally serve the employer with the workers’ compensation claim.
- UEBTF is required to pay your benefits at this point only if your employer does not do so.
However, unfortunately, unlike claims against a private workers compensation insurance company, UEBTF has less “accountability” to the WCAB. This means that if UEBTF decides not to pay your workers compensation benefits, or terminates or delays your benefits – for whatever reason – the Workers’ Compensation Appeals Board has no authority to “force” them or to “penalize” them.
What if UEBTF Refuses to Pay My Workers Comp?
At this point, it is essential to consult a workers compensation lawyer who is highly experienced in UEBTF claims.
Under California law, all employers that have more than one (non-family) employee who do NOT provide workers’ compensation coverage can be charged with a felony – and face substantial penalties and fees . . . and even jail time under some circumstances.
Therefore, many employers would rather pay for a worker’s injuries than face the severe costs and penalties of a felony conviction. This means that often there is a good chance you can get the benefits you deserve if you have an experienced lawyer pursuing a case against the uninsured employer.
Orange County UEBFT Workers Comp Lawyers
If you have been disabled and you live in Orange County, the greater Los Angeles area or anywhere in Southern California, we offer a free consultation with an experienced California Workers Compensation lawyer to help you understand your rights and obtain the maximum workers’ compensation or disability benefits.
No matter what stage of the process you are in, our lawyers are here to offer you free advice and assist you in getting the maximum Workers Compensation benefits for which you qualify.