What to do if your employer does not have WC insurance?

While California law requires most employers to carry workers' compensation insurance, there are still those companies that choose not to carry it. If you get injured at work, you have the right to be treated fairly and have your expenses related to that injury paid for. However, if your employer does not have workers' compensation insurance, you may wonder if you can get any help or have any recourse to get the benefits owed to you.

Even if your employer does not have proper insurance, you are still entitled to the benefits you would have received if proper insurance was in place. The Department of Industrial Relations explains there is a fund in place to help you in this situation called the Uninsured Employers Benefits Trust Fund. Unlike workers' compensation, where your employer will typically help you with the process, you have to take charge and file under the UEBTF. 

The process is a little complex, but it mainly involves completing a packet of papers from the Workers' Compensation Insurance Rating Bureau. It starts with filling out the employee portion of the workers' compensation claim form. You will then need to submit information about your injury and medical care, along with proof of employment. 

You will then need to file forms with the Workers' Compensation Appeals Board. Once everything has been reviewed, you will have a judge rule on your case. If approved, you will receive benefits just as you would have if your employer was properly insured. This information is intended for education and is not legal advice. 

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