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  1. #1
    Join Date
    Aug 2007
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    1

    Default Employer Doesn't Have Workers Comp Insurance

    I have been injured on the job and have just found out that my employer does not have workers comp ins . I had to go to the ER for my injury and shes telling me to bill it through my medical ins. What do I do ??? I am shocked that she doesn't have it . I am in california and I thought it was illegal to not have workers comp ins.

  2. #2
    Join Date
    Oct 2006
    Posts
    294

    Default Re: No workers comp

    Quote Quoting tinker921 View Post
    I have been injured on the job and have just found out that my employer does not have workers comp ins . I had to go to the ER for my injury and shes telling me to bill it through my medical ins. What do I do ??? I am shocked that she doesn't have it . I am in california and I thought it was illegal to not have workers comp ins.
    Contact the California Board of Insurance.. She is Required to carry W/C.

  3. #3
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: No workers comp

    Tinker you thought RIGHT. It is against the law for the employer not to have WC . Only under very limited circumstances such as being a household employee, (nanny, housekeeper in a private home, etc., ) is WC not required by law. I am not 100% sure that CA does not require WC for the exceptions for most other states. Check out your state web site to verify this.

    http://www.dir.ca.gov/dwc/dwc_home_page.htm

    You need to call a WC attorney in your area ASAP. In the mean time contact our states board of worker compensation and report the injury to them. They can also verify if your employer does or actually does not have WC insurance as required by law.

    Do not bill that ER visit on your regular insurance. They most likely would not accept the claim anyway as you will be asked to state how and where the injury happened. If you don't put that it happened at work, when it did, you are committing insurance fraud. When you do put down that it happened on the job the claim will most likely be denied. It is not legal to use your private health insurance unless your claim is being contested and/or has successfully been denied. (This is true for most states but you need to check CA law to be sure if it applies there.) Under those circumstances you would use the regular insurance and they would put a lien on the WC IC for payment if/when WC is/was eventually awarded.

    I will do a little checking for you, in the mean time let us know how things are going. Good Luck to you,

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: No workers comp

    You need to file with the uninsured employers fund.
    An information and assistance officer can help you file
    http://www.dir.ca.gov/dwc/IandA.html

  5. #5
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: No workers comp

    Tinker in checking CA WC web site I found this number for you for the
    Information and Assistance Officer Dept. 800-736-7401. They should be able to help you with what to do. This number as well as most all information you will need is in the Guidebook for Injured Workers section of the web site.

    Also found this for you:

    Division of Workers’ Compensation fact sheet F


    Answers to your questions about the state’s Uninsured Employers Fund


    All employers in the state of California are required by law to have workers’ compensation insurance. Some employers don’t obey this law. The state Uninsured Employers Fund (UEF) is a special fund used to pay the claims of employees who get injured or become ill while working for an illegally uninsured employer. UEF pays injured workers and later gets that money back from the uninsured employer.

    To be eligible for UEF benefits you must take certain steps. The process may seem hard, but taking one step at a time will help. This fact sheet will give you information on the UEF. You also need a packet of information and forms, including Information and Assistance guides 16, 16 (A) and 16 (B). You can get this packet from your local Division of Workers’ Compensation (DWC) Information and Assistance (I&A) officer.

    Q: How do I find out if my employer has workers’ compensation insurance?
    A: Some employers use an insurance company and some employers are self-insured through a state program. In either case, your employer is required to post information about its workers’ compensation insurance policy in the area where it posts other workplace information, like the minimum wage poster. The workers’ comp poster should have the name, address and phone number of the person or company handling claims for your employer and the policy expiration date. If you’re not sure whether your employer had insurance on the date you were injured, call the Workers’ Compensation Insurance Rating Bureau (WCIRB) at 1-888-229-2472 to find out.

    Q:* What if my employer is uninsured?
    A:* It is illegal for an employer to run a business without workers’ compensation insurance. Failure to obey this law can result in steep fines, having the business shut down, criminal charges and even jail time for the employer. Contact your local state of California, Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE) office and make a complaint if you believe your employer is operating without workers’ compensation insurance.

    Q: Will I receive the benefits I’m entitled to if my employer is uninsured?
    A: Yes. You have several options for claiming those benefits. First, file a DWC 1 claim form (see I&A guide 1) with your employer and see if your employer will pay your medical bills and other benefits. Without insurance, your employer will pay benefits directly to you. In this situation you may also contact the Employment Development Department and apply for state disability insurance (SDI) benefits, which will make up for some lost income if you’re unable to work.

    If your employer is uninsured and unwilling or unable to pay your claim, you have the option of filing a lawsuit for benefits in civil court.

    Your other option is to apply for benefits through the UEF. Contact the I&A officer at your local Workers’ Compensation Appeals Board (WCAB) office to get the packet you need and more information on the process. The addresses and phone numbers of local offices are attached to this fact sheet. If you use the resources available at your local WCAB office and are willing to do the footwork, you may be able to get your benefits through a settlement with your employer. You may have to go before a workers’ compensation judge to have your benefits “awarded” to you. The I&A officer will help you figure out your rights and options.

    Take Care,

    Steel
    Last edited by SteelMagnolia; 08-08-2007 at 12:49 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: No workers comp

    mag:
    darn! you took half the fun out of finding the information. Next thing you know you'll be sending checks out.
    Discovery can be a good thing.

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: No workers comp

    >>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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