At the Law Offices of Marc Francis we all too often receive calls from injured workers who tell us that their employer claims they have no workers’ comp insurance. If the injured workers’ employer is indeed uninsured for workers’ compensation injuries that means no medical treatment, no disability benefits, and no accountability for that employer, right? Not necessarily so, and that’s why such injured works need to contact a Santa Rosa workers’ compensation attorney as soon as possible for information. Here are a couple of points to keep in mind:
- The employer may be lying about not having insurance in order to discourage the injured employee from filing a claim. This happens more often than you might think.
- An employee whose employer is unlawfully uninsured for workers’ compensation injuries ordinarily has a separate right to proceed in a civil lawsuit in Superior Court and recover damages, AND there is a presumption that the employer was negligent.
- An uninsured employer who fails to secure workers’ compensation insurance coverage for employees may be guilty of a crime under California law.
- A State of California agency called the Uninsured Employers Fund may be held liable for workers’ compensation benefits in place of the employer so that the injured worker can receive the medical treatment and monetary benefits to which they are entitled and which are necessary to make a recovery from the injury and return to work. The State of California will in such cases usually place a lien, or claim, on the employer’s property to recover the cost of benefits that should have been paid by the employer through insurance.
Call the Law Offices of Marc Francis today if your employer has told you they are uninsured, or even refuses to identify their workers’ compensation carrier. We can provide information on how to proceed, referrals to other attorneys who prosecute the civil court claims, and otherwise assist you when benefits are unjustly denied or delayed.