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Posted on February 13, 2021 | Wage & Hour Laws,Workers Compensation
Sustaining an injury during an accident is always an unpleasant experience. In addition to the trauma of the incident itself, there are often medical expenses, rehabilitation expenses, and income loss. Depending on the nature of the accident, insurance can provide you with the resources necessary to get through this period. If you receive a work-related injury, this is referred to as workers’ compensation insurance. Workers’ compensation insurance offers a wide variety of benefits, including the coverage of medical bills, the costs of ongoing care, and any lost wages, allowing you to put all of your focus on your recovery. But what can you do if you discover that your employer doesn’t carry workers’ compensation insurance?
Just because your employer doesn’t provide workers’ compensation does not mean you should have to shoulder all the costs on your own. Regardless of what sorts of insurance your employer does or doesn’t carry, the employer is still responsible for taking care of any workplace-related illnesses or injuries. By working with an experienced Los Angeles workers’ compensation attorney, you can directly challenge your employer and ensure that you receive the necessary compensation for your illness or injuries.
Most cases involving workers’ compensation begin with a workers’ compensation claim, which allows the injured party to work with their employer’s insurance company to obtain the benefits they are owed. However, when the employer doesn’t have an insurance company to work through, the worker has the option to file a claim against said employer in civil court. Before moving forward, it is necessary to ensure that you have evidence showing your employer did not have workers’ compensation insurance when the event took place. An attorney can ensure that you are thoroughly prepared and advise you of the most appropriate course of action depending on your specific circumstance.
In the state of California, it is illegal for businesses to operate without workers’ compensation insurance, meaning that in addition to providing you with benefits, your employer may face additional legal repercussions. Penalties for failing to carry the necessary insurance can include jail time and fees. Employers are also required to secure insurance before they can continue to operate, helping protect future employees from going through the same challenges in the future.
Regardless of your employer’s financial situation, individuals who have sustained a workplace injury are still entitled to compensation for their related expenses. If your employer cannot cover the costs, the necessary funds can be temporarily provided by the state. The agency responsible for this is called the Uninsured Employers Benefit Trust Fund (UEBTF). It is important to note that this is not an automatic or court-mandated process. Instead, to secure the funds from the UEBTF, the employee has to submit a formal request, including all the relevant documentation pertaining to the case. Rest assured that opting to work with the UEBTF to obtain your benefits will not negatively affect your case against your employer in any way. They are ultimately still liable for those expenses and will eventually have to repay the UEBTF.
Filing a case against your employer to receive benefits is not a simple process. In addition to worrying about ensuring you have the appropriate evidence to move forward, you also have the task of defending yourself against allegations from your employer, as they may attempt to discredit your injury. Then there’s the matter of paperwork. To file for temporary assistance from the UEBTF, you are required to put together large packets of information, including your claim form, medical documentation of your injury, bills, proof of employment, reports confirming the lack of workers’ compensation insurance, and more. And you must do this while trying to recover from your injury. It can very quickly become an overwhelming ordeal, and you might start to wonder if it’s even worth pursuing.
That’s where California employment attorney Omid Nosrati can help. Omid Nosrati has spent years handling all sorts of unique and complicated employment-related claims in the state of California and equipping him with the tools and knowledge to tackle any case that comes his way. He is also committed to prioritizing you and your needs, and as such, offers his services on a contingency fee basis. This means that you will only be charged if he successfully gets you the compensation you deserve. To schedule a free case review with Omid Nosrati today, fill out our online form or call us at (310) 736-2084.