Legal Question in Workers Comp in California

Re: Employers Responsibility for carring Work Comp.

I would recommend to your employer in writing that the consequences of not carrying workers compensation could be very damaging financially and suggest he look into what problems could exist if someone got hurt and the uninsured employers fund paid for the loss and filed a lien.

An employer was the victim in such a case where the employer thought he had coverage, and a worker was injured significantly changing a flourescent light bulb. The employer ended up with a $50,000.00 plus lien against him. You will be doing your employer a favor if you think there is no coverage in pointing out the risk and suggesting that he contact an insurance broker.

Re: Employers Responsibility for carring Work Comp.

The employer is required to carry workers comp or be self-insured. If you know the rule is not being complied with, you could complain to the employer. An employer is not allowed to retaliate against you for complaining that the workers comp. laws are not being followed. (If you wish to make such a complaint, and want later proof that it was made, the complaint should be in writing.)