El Cajon, CA asked in Workers' Compensation, Personal Injury and Employment Law for California

Q: Is it against the law for a company to not have workers comp insurance until one of their employees gets hurt?

It's been a month and a half and have not gotten to see a Dr. Or get medication besides the ambulance and MRI at the hospital. The insurance company just today sent me a packet to fill out so what are my rights ?

4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: contact a workers comp lawyer asap.

the co is supposed to have WC ins

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: If your employer doesn't carry workers compensation insurance, then you can sue your employer in state court for personal injury damages. Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.

If an employee gets hurt or sick because of work and you are not insured, the employer is responsible for paying all bills related to the injury or illness. Contact the information and assistance officer at your local Division of Workers’ Compensation office for further information. You should be aware that workers’ compensation benefits are only the exclusive remedy for injuries suffered on the job when you are properly insured. If the employer is illegally uninsured and an employee gets sick or hurt because of work, that employee can file a civil action against the employer in addition to filing a workers’ compensation claim.

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: https://www.dir.ca.gov/dwc/DWC_address/SanDiego.html

Mr. David H. Parker Esq.
Mr. David H. Parker Esq.
Answered
  • Workers' Compensation Lawyer
  • Fresno, CA
  • Licensed in California

A: California employers are required by law to have workers' compensation insurance, even if they have only one employee (citing https://www.dir.ca.gov/dwc/employer.htm if you would like to read further).

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