What if Your Employer Does Not Have Workers' Compensation Insurance in California?
Although California requires employers by law to have workers' compensation insurance (or be self-insured), to cover work injuries, the State has provided a fund which can pay benefits in those cases where injured workers find their employer failed to obtain workers' compensation insurance.
How Do I Find Out If My Employer has Workers' Compensation Insurance?California law requires employers to post notices regarding what to do in case of a work injury. These notices are supposed to be placed in a conspicuous place, such as an employee break room, and include the name and contact information of the employer's workers' compensation insurance carrier. If an employer does not have such a notice, an employee should ask their employer to post such a notice or to otherwise provide the insurance information.
What if Your Employer Refuses to Provide the Name of Their Workers' Compensation Insurance?Although required by law to provide such information on request, it is not uncommon for employers to refuse to provide the information on request, in an apparent attempt to thwart claims being made. The Workers' Compensation Insurance Rating Bureau (WCIRB), maintains a website where workers' compensation coverage information can be accessed. A link to the WCIRB Workers' Compensation Coverage Inquiry web page is included below for your reference. Using the search tool, an employee can search for carrier information for a given employer, on a given date. The search engine can be difficult to use, as the name of the employer must be entered correctly to get the results. If a user has any questions about coverage, he or she should probably consult a workers' compensation attorney, who can give help in obtaining coverage information.
What to Do if Your Employer has No Workers' Compensation Insurance?When illegally uninsured employers fail to pay workers' compensation benefits awarded to their injured employees by the Workers' Compensation Appeals Board, claims are paid from the State's Uninsured Employers Benefits Trust Fund (UEBTF) . Certain steps must be taken before and after the issuance of an award in order to receive benefits from the UEBTF. These types of claims can be quite difficult, and an attorney should be consulted immediately, when it is discovered that an employer did not have workers' compensation insurance on the date of injury. A link to more information on the Uninsured Employers Benefits Trust Fund (UEBTF) is included below.