Questions and Answers
Workers' Compensation
I was injured at work and would like to start a workers' compensation claim. However, I consulted an attorney and he advised me that my employer was illegally uninsured for workers' compensation purposes and that he would not be able to handle to represent me. Is there anything that I can do?
All employers in California are required by law to have workers'
compensation insurance. Unfortunately, there are many employers who do not
comply with this requirement.
Just because you employer was uninsured does not mean that you cannot pursue a
claim. There exists an agency of the state known as the Uninsured Employer's
Fund (UEF), which acts as an "insurance company" when an employer is uninsured.
You must file a claim with this agency in order to pursue your case. The
agency pays benefits and acts just like an insurance company would. Any money
paid out by UEF is later recovered from the uninsured employer by way of a civil
lawsuit by UEF against the employer.
Claims against UEF are fairly complex in that you must go through various steps
to prove that the employer is uninsured and you must then personally serve the
employer with the claim. It is recommended that you contact the Information &
Assistance Officer at you local Workers' Compensation Appeals Board or that you
consult with an attorney.
updated: 02/20/07 |
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