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When You Are Injured but Your Employer Does Not Have Workers’ Compensation Insurance

Workers’ CompensationMost states require that employers carry workers’ compensation insurance, but not all employers are compliant. What recourse might an employee have in such situations to ensure their medical expenses and lost wages are paid? Are there any potential advantages or disadvantages to pursuing compensation through other methods? The following information explores the answers to these questions, and it provides details on where to find quality assistance with your case.

Lack of Insurance Does not Release Employer from Liability

The workers’ compensation system was originally created to protect employers from serious financial loss from lawsuits while also ensuring that employees had their medical expenses and a portion of their wages paid. Then it became law. Employers who fail to adhere to it are not excused from liability. If anything, failing to follow the law should make them more liable. It does not, of course, but employees do still have a method of recourse.

Filing a Lawsuit Against Your Employer

Employers who fail to carry workers’ compensation insurance may be sued in court for any losses that their employee has experienced. In some ways, this can benefit the employee; workers’ compensation does not include losses for pain and suffering, and only a portion of an employee’s wages are covered. In a lawsuit, the victim may be permitted to claim every loss that they experience, including those that cannot be “seen,” such as residual anxiety or depression.

It is important to note that there are also some disadvantages to suing your employer. For example, one may have to wait months (if not years) for compensation through the courts. With the workers’ compensation system, payments may start within a matter of days or weeks after filing a claim.

Still, victims may have other options for ensuring their medical bills and wages are paid (even if only partially) while pursuing compensation through the courts. California has an Uninsured Employers Benefits Trust Fund (UEBTF) and the Subsequent Injuries Benefits Trust Fund (SIBTF) – both of which may provide you with financial relief while you are awaiting results in your case. Just be aware that this may not cover all your expenses, and there are no guarantees that you will receive aid. As such, it is recommended that you contact an attorney about your case as soon as possible, that way you can hopefully obtain compensation sooner instead of later.

Contact Our San Jose Work Injury Lawyers

At Corsiglia, McMahon & Allard, LLP, we aggressively represent California workers who have sustained an injury while working for an uninsured employer. Dedicated and experienced, our San Jose work injury lawyers always pursue the most favorable outcome, regardless of the situation. Learn more by scheduling a free and personalized consultation. Call (408) 289-1417.

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I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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