Legal Question in Workers Comp in California

Re: employer has no workers comp

Technically it is a criminal act for the employer not to have insuance. From your perspective, and what I have seen numerous times, when laborers get injured and the employer has no insurance, he also has no assets to attach for a civil payment, thus all benefits must come from the UEF, or uninsured employers fund. It makes obtaining benefits much more difficult and drags out litigation in the case. In other words, injured workers have a difficult time finding an attorney to represent them due to these complications. My advice is to speak with the employer about comp. Perhaps he does not know that he is personally liable for payment of benefits. Additiionally, the UEF may file a civil suit, as can the injured employee and seek civil damages.

You must decide whether or not to keep working for this employer. I realize it may be a hard choice.