Getting injured at work can be overwhelming—especially if your employer doesn’t have workers’ compensation insurance. Unfortunately, this situation occurs more often than many people think, particularly in industries like construction, hospitality, and caregiving.
In California, you still have rights—even if your employer failed to carry coverage. Here’s what Santa Rosa workers need to know.
What California Law Says About Uninsured Employers
Under California Labor Code Section 3700, all employers are legally required to carry workers’ compensation insurance, even if they have only one part-time employee. This insurance is meant to cover medical costs, lost wages, and rehabilitation services if a worker is injured on the job.
Unfortunately, some employers fail to comply with this requirement, either out of negligence or in an effort to cut costs. If you’re hurt at work and your employer doesn’t have insurance, you’re still protected under California law—but the process is different.
The Legal Consequences for Uninsured Employers
Employers who operate without workers’ compensation coverage are in violation of state law. They may face:
- Civil penalties of up to $10,000 per employee
- Criminal charges punishable by up to one year in jail
- Liability for the full cost of an injured worker’s benefits
In addition to facing legal consequences, uninsured employers open themselves up to lawsuits from injured employees, which are normally prohibited under insured conditions.
Unsure you qualify for worker’s compensation?
Determining If You Are Eligible for Workers’ Compensation Benefits
Why Legal Guidance Is Essential for UEBTF Claims
Filing a claim through the Uninsured Employers Benefits Trust Fund (UEBTF) is not as straightforward as filing a traditional workers’ compensation claim in California. The process involves strict deadlines, detailed documentation, and multiple legal filings—all of which must be completed correctly to avoid delays or denials.
For injured workers unfamiliar with California’s workers’ compensation system, these requirements can be overwhelming. Even a small oversight, such as a missing form or late filing, can result in lost benefits.
How a Workers’ Compensation Attorney Can Help
Partnering with an experienced workers’ compensation attorney in Santa Rosa can significantly increase your chances of receiving the benefits you deserve. Here’s how legal counsel supports you through the UEBTF process:
- Confirming your employer’s uninsured status:
Your attorney can obtain official verification from the California Division of Workers’ Compensation (DWC) and gather the documentation required to prove your employer failed to carry insurance. - Preparing and filing your claim:
A qualified attorney will ensure your DWC-1 form, Application for Adjudication of Claim, and all UEBTF-specific documents are properly completed and submitted on time. - Representing you before the Workers’ Compensation Appeals Board (WCAB):
If your case proceeds to a hearing, your attorney will present evidence, negotiate on your behalf, and argue your case before the WCAB judge to secure your benefits.
Why You Shouldn’t Wait to Get Legal Help
Time is critical when dealing with workplace injury claims—especially those involving uninsured employers. Consulting a legal professional early in the process ensures that you:
- Understand your rights under California workers’ compensation law
- Meet every deadline with accurate paperwork
Maximize your chance of a successful outcome
Without legal representation, you’re navigating one of the most complex parts of the workers’ compensation system alone. With the right support, you can focus on recovery while your legal team handles the details.
FAQs
1. Can I still get workers’ compensation if my employer doesn’t have insurance?
Yes. If your employer was uninsured at the time of your workplace injury, you may be eligible for benefits through the Uninsured Employers Benefits Trust Fund (UEBTF), which is administered by the California Division of Workers’ Compensation.
2. What types of benefits can I receive through the UEBTF?
The UEBTF may cover:
- Medical treatment for your work-related injury
- Temporary or permanent disability payments
- Supplemental job displacement benefits
- Reimbursement for out-of-pocket medical costs
These benefits are similar to those provided under standard workers’ compensation insurance.
3. How long do I have to file a UEBTF claim in California?
In most cases, you must file your Application for Adjudication of Claim within one year from the date of your injury, or from the date benefits were last provided. Missing this deadline can jeopardize your right to receive compensation.
4. Do I need an attorney to file a UEBTF claim?
While you are not legally required to have an attorney, working with an experienced workers’ compensation lawyer is highly recommended. UEBTF claims are complex and require thorough documentation, strict adherence to deadlines, and legal filings. An attorney can guide you through every step of the process and advocate on your behalf.
5. How do I find out if my employer is uninsured?
Your attorney can request verification from the California Division of Workers’ Compensation or the Workers’ Compensation Insurance Rating Bureau (WCIRB). If the employer is found to be uninsured, this information becomes a key part of your UEBTF claim.