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What Should I Do If My Employer Is Illegally Uninsured In California?

“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley

The First Step

When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.

The Next Step

If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.

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Give us a call. 619-304-1000

Uninsured Employers In California - - California Law

If you are a seriously injured in a California work accident, things can be confusing enough even if your employer has workers compensation insurance. However, when you suffer a serious work injury in California and your employer does not have workers compensation insurance, then you may be uncertain as to what you should do. We tell you what you need to do if your California employer is Illegally Uninsured.

California Uninsured Employer Attorney: What Should I Do If My Employer Doesn't Have Workers Compensation Insurance?

If you are a seriously injured in a work accident, things can be confusing enough even if your employer has workers compensation insurance. However, when you suffer a serious work injury in California and your employer does not have workers compensation insurance, then you may be uncertain as to what you should do. In this article, we discuss your options if your employer is illegally uninsured in California.

You Have Few Options

In a nutshell, you have few options if your employer is illegally uninsured in California. You can try and obtain workers compensation benefits through the California Workers Compensation Appeals Board (WCAB). You must bring a claim against the California Uninsured Employers Fund. This is a system which is supposed to allow injured workers whose employers do not have workers compensation insurance to collect workers compensation benefits though the Uninsured Employers Fund (hereinafter "UEF") - a State run agency.

UEF is a Sham

However, you will find this is a difficult process, at best. At worst, it is a sham. Seriously. It is very difficult, if not impossible, to find a California workers compensation lawyer that is willing to handle an Uninsured Employers Fund case. Most California workers compensation attorneys to not handle Uninsured Employers Fund (UEF) cases because the UEF has no accountability.

Unlike a private workers compensation insurance company, the UEF can (and will) arbitrarily not provide workers compensation benefits and there is nothing that can be done. The UEF can stop your workers compensation benefits and the WCAB can't award penalties. Which means that the UEF is not accountable for not providing timely benefits. Thus, very few lawyers will agree to accept a UEF case.

Suing Your Employer

If your employer is still viable (i.e. in business and not likely to go out of business if you sue them and able to pay a substantial judgement); then the better option is oftentimes to bring a civil lawsuit against your employer. In addition, in some circumstances you may be able to collect against your employer's liability insurance carrier even if they don't have workers compensation coverage. Under California law, an injured worker can elect to file a civil lawsuit against their uninsured employer for negligently causing their injury. These are called "second-party" cases.

Caution

Caution is urged in what lawyer you hire to handle your illegally uninsured employer case. You need a California Uninsured Employer Attorney. Very few lawyers in California understand the intricacies and procedures used in California uninsured employers cases. These cases are very different from "common law" negligence cases. You need to be careful to hire a California Uninsured Employer Attorney that understands how to bring and prevail in an uninsured employers civil lawsuit.

Time to File a Lawsuit

Most negligence cases in California have a one year or a two year statute of limitations. Meaning you have one or two years to bring a lawsuit in order to protect your rights. However, you have three years from the date of your injury to bring a civil lawsuit against your uninsured employer in California. If you have filed a timely workers compensation claim against your employer, you may even be able to bring the civil lawsuit much later than three years from your date of injury. Even if it is past the three year point, you may still be able to bring a civil lawsuit. While we recommend you file within the three year statute, you may still be able to bring a case much later.

The bottom line is this:

If you are a seriously injured worker in California and your employer doesn't have workers compensation insurance, you are going to have an extremely difficult time obtaining compensation for your work injuries. The way the California workers compensation system is set up is the company doctor will disagree with your doctor over needed medical treatment and disability. This is when you need a seasoned lawyer taking on the insurance company. What lawyer you hire is going to make all the difference in whether you receive fair compensation. Make sure the California uninsured employer attorney you hire has the experience, resources and ability to win your case.

 

 

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

William Turley
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