What to Do If Your Employer Doesn’t Have Workers’ Comp Insurance in California

If you’ve been hurt at work and found out your employer doesn’t carry workers’ compensation insurance, you’re not alone—and you still have legal options.

In California, all employers are required by law to carry workers’ comp insurance, even if they have only one employee. Unfortunately, some employers break the law to save money, leaving injured workers confused and vulnerable.

Here’s what to do if your employer is uninsured:

1. Seek Medical Attention Immediately

First and foremost, take care of your health. Visit a doctor or hospital and let them know this is a work-related injury. Make sure your injuries and the circumstances are clearly documented.

2. File a Claim With the Uninsured Employers Benefits Trust Fund (UEBTF)

California created the UEBTF to help injured workers whose employers failed to carry workers’ comp coverage. You can file a claim through this state-run fund to receive:

– Medical treatment

– Temporary disability payments

– Permanent disability benefits

It’s a complex process, but it’s designed to ensure you still receive support.

3. Gather Evidence

Since you won’t be going through a normal insurance provider, documentation becomes even more important. Keep records of:

– Medical visits and bills

– Any communication with your employer

– Pay stubs, schedules, or anything showing you were employed

You’ll also need to file a “Special Notice of Lawsuit” and give your employer a chance to respond.

4. Consider a Civil Lawsuit

In addition to filing through the UEBTF, you may be able to sue your employer directly for negligence. Employers without insurance are personally liable for workplace injuries—and that liability can be significant.

Don’t Let an Uninsured Employer Stop You

It’s frustrating to find out your employer wasn’t following the law. But California has systems in place to protect injured workers, even in these difficult situations.Thomas F. Martin, PLC has experience handling uninsured employer cases and can guide you through the UEBTF process. Call (714) 547-5025 for a free 30-minute case evaluation and get the support you need.