If a worker is injured on the job and you do not have workers` compensation insurance, then it`s very likely that you`ll have to personally pay the medical expenses and the benefits accrued under worker compensation laws. However, even if you do pay, your employee will most likely end up hiring an attorney, regardless.
What attorneys usually do is bring in the California Department of Uninsured Employers Fund (known as UEBTF) for legal action. The department will verify that you do not have insurance and proceed to cover all the benefits that a normal workers` compensation insurance would be responsible for.
Generally, these cases take more than twice the time to settle than a case with workers` compensation insurance depending on the circumstances. Majority of cases, the employer collaborates with the state department to help make the case against the injured worker.
In case the worker`s claim was false, or loses the case, they will take nothing nor will you have to pay back the state department. However, if the state department eventually pays the worker, then the California state department will go against the employer to reimburse them for what was paid in the injured worker`s claim.
It is recommended that you consult a specialist workers` compensation attorney to help the state`s uninsured employers department (UBTF) make your case.
Los Angeles Lawyer