Los Angeles, CA asked in Workers' Compensation for California

Q: If my employer didn't have workers comp insurance before I got hurt on the job what do I do?

I got hurt on December 16 2017 and I just now got a packet from a insurance company saying they purchased workers comp insuance January 30 2018

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1 Lawyer Answer

A: Proceed with treatment, putting every request IN WRITING directly to the employer. When the employer refusese to provide, join the UNISURED EMPLOYERS FUND and make all demands in writing to the UEF.

It is also an option to proceed in CIVIL court against an employer with no workers comp insurance. BUT IF this employer DID have insurance from jan 2017-jan 2018 with a different carrier and just didn't tell you about it, you get tossed out of civil court and you have to start over at the administrative agency, the Workers Compensation Appeals Board.

The UEF comes to each WCAB each month and it costs you nothing to proceed with approved doctors going through the UEF (if your employer is truly uninsured), so it's simpler for you to proceed at the WCAB.

UNDER NO CIRCUMSTANCES do you just 'do nothin' because this employer had no insurance.

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