a-z indexroundtableArticles & Editorialsmarketplacemeet the publisherscontactsearch
home
  A-Z Index
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

UNINSURED EMPLOYER

"Claims are paid from the Uninsured Employers Benefits Trust Fund (UEBTF) when illegally uninsured employers fail to pay workers' compensation benefits awarded to their injured employees by the Workers' Compensation Appeals Board. Certain steps must be taken before and after the issuance of an award in order to receive benefits from the UEBTF."

An injured worker can bring a civil suit against an uninsured employer (see below). To find out if the employer is insured, check here.

See, too, Attorney Fees

Label Item Links Comments
Labor Code The Uninsured Employers Benefits Trust Fund pays if employer does not. LC §3716   
  The failure to secure the payment of compensation as required by this article by one who knew, or because of his or her knowledge or experience should be reasonably expected to have known, of the obligation to secure the payment of compensation, is a misdemeanor.... LC §3700.5  
If any employer fails to secure the payment of compensation, any injured employee or his dependents may bring an action at law against such employer for damages, as if this division did not apply.

In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is upon the employer, to rebut the presumption of negligence. It is not a defense to the employer that the employee was guilty of contributory negligence, or assumed the risk of the hazard  complained of, or that the injury was caused by the negligence of a fellow servant. No contract or regulation shall restore to the employer any of the foregoing defenses.

The court shall allow as a first lien against such judgment the amount of compensation paid by the director from the Uninsured Employers Fund pursuant to Section 3716..... Such judgment shall include a reasonable attorney's fee fixed by the court.
LC §3706





LC §3708











LC §3709 &
LC §4903.3
 

The Uninsured Employers Benefits Trust Fund has no liability for claims of occupational disease or
cumulative injury unless no employer during the period of the occupational disease or cumulative injury during which liability is imposed under Section 5500.5 was insured for workers' compensation, was permissibly self-insured, or was legally uninsured.

Uninsured employer must pay 10% penalty

Uninsured employer must pay attorney's fee

LC §3716

 

 

 

LC §4554

LC §4555

 
Regulations/Rules  Enforcement of Workers' Compensation Coverage, Penalty Assessment Orders, Stop Orders and Posting and Notice Requirements 8 CCR §§15550-15596  
Forms      
Websites Policy holder search: Website developed by the Workers' Compensation Insurance Rating Bureau of California (WCIRB) pursuant to California Insurance Code Section 11752.75 and 10 CCR  2593 to assist worker in determining whether an employer is insured for workers' compensation. The website provides the name of the insurer that wrote a California WC policy for a specific employer on a specific date within a 5 year period. WCIRB search   
  Uninsured Employers Benefits Trust Fund (UEBTF)  UEBTF  
Practice Tips Before suing an uninsured employer, consider the likelihood the employer was uninsured due to lack of money. Also consider that the employer may file for bankruptcy.    
Magazine Articles
 
Roundtable    
Miscellaneous      

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z