My employer has been laying people off because business is slow. I was hurt on the job last week, what happens if my employer is uninsured or underinsured?
All employers in California must have Workers’ Compensation insurance under California Labor Code Section 3700. Unfortunately, some employers put their workers and themselves at risk by not obtaining proper insurance. When a worker is injured and the employer doesn’t have Workers’ Compensation insurance, the employer is subject to civil liability as though the employer were a 3rd party defendant. This means that the injured worker is entitled to significantly more compensation than if he had filed a Workers’ Compensation. In a 3rd party claim an injured worker can recover past and future wage loss and payments for loss of the enjoyment of life.
However, an injured worker needs medical care and benefits and there is a procedure for that through the Uninsured Employers Fund, or U.E.F., which was established to help workers get Workers’ Compensation protection in the event that their employer doesn’t have proper coverage. The interplay between third party claims and the U.E.F. is highly technical and it is important to talk to an attorney.
-Jonathan Davis, Founder of The Arns Law Firm, San Francisco, CA
For more information on work-site accidents and
your legal options, visit the ARNS Website.
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This Month's Expert; Jonathan Davis
Jonathan Davis is a Partner of the Arns Law Firm with a stellar trial record and day to day responsibility for case management, strategic vision and tactical implementation. He is always available work with clients on the small details in their cases and has also argued before the Supreme Court of California. Jonathan is rated "AV Preeminent" by Martindale-Hubbell, the highest rating possible for both legal and ethical standards, is a Northern California Super Lawyer and has been recognized by The Best Lawyers in America. Jonathan has dedicated his working life to representing working people. Prior to becoming an attorney, he was an International Representative and National Field Director for the Amalgamated Clothing and Textile Workers’ Union. After representing workers in arbitrations throughout the West, Jonathan joined The Arns Law Firm and dedicates himself to representing injured workers and their families devastated by catastrophic injuries as well wage and hour and consumer class actions. Jonathan is bilingual in Spanish and is past Chairman of the non-profit affordable housing organization the African American Construction Workers Association (AACWA). Jonathan currently serves on the Board of Directors of the Local 261 Community Service and Training Foundation and is a former member of the Board of Governors of the Consumer Attorneys of California.