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

Most 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.

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.

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.

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.

• Uninsured employers benefits trust fund (UEBTF) & Subsequent injuries benefits trust fund (SIBTF)