Help! I am Injured and My Employer is Uninsured!

If you have been injured in a workplace accident and your employer does not have workers’ compensation insurance, do not panic. You are not doomed to shouldering all of your injury-related costs yourself. However, the process for recovering your damages is more complicated than it would be if you could simply file a workers’ compensation claim. You might have to file a claim through the State Compensation Insurance Fund (SCIF) or file a claim directly against your employer.

If the party responsible for your injury was not your employer, but the manufacturer of a piece of faulty equipment, the owner of the property where your injury occurred, or another third party or agency, your claim may be against this party.

In California, it is illegal for an employer to operate without holding a workers’ compensation policy to cover potential employee injuries. However, many do. If you are injured and your employer is not insured, you may seek compensation through the Uninsured Employers Benefits Trust Fund. If you are approved for workers’ compensation benefits by the Workers’ Compensation Appeals Board, you may file a claim with this program to receive your benefits.

If you have third party liability coverage, you are entitled to file a claim with your insurance carrier for your damages. Your employer does not need to have workers’ compensation coverage for you to file your own third party liability claim.

You might also have the ability to recover damages through a premises liability claim or a product liability claim, depending on the circumstances of your accident. These types of claims are separate entities from your third party liability claim and involve filing a claim against the negligent party or their insurance provider. As a personal injury victim, you can have multiple insurance claims pending at the same time.

Document all aspects of your accident and your medical treatment following your injury. You will need this documentation to support your claims. While your claims are pending, follow all of your doctor’s instructions to make a full recovery and cooperate with your attorney while he or she pursues these claims. As the claimant, it is your job to do all that you can to support the claims process.

If you are injured at work and your employer is not insured, you are not out of options. Our team of experienced San Jose workplace injury attorneys at Corsiglia, McMahon, & Allard, L.L.P. can help you recover the money you need. Contact us today to schedule your initial legal consultation with a member of our firm. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County. Whether you have grounds for a premises liability claim, a product liability claim, or any other type of third party claim, we can represent your case as it moves through the claim process and negotiate on your behalf for the money you deserve.