It is illegal for an employer to not have workers compensation insurance. It does not matter if they have one employee or 1,000 employees. Workers Compensation is a requirement for employers of all sizes and types. If you suffer an injury at work and your employer doesn’t have workers compensation insurance, an experienced workers compensation attorney can help. Belal Hamideh has helped many who have been in this exact scenario.
When you get injured on the job, you report your injury to your employer and they provide you with a DWC-1 claim form. After you fill out the claim form with your information and the description of how your injury occurred, the employer gives that claim form to their workers compensation insurance carrier and they create a claim number for you. They then send you for medical treatment within their medical provider network.
That’s the way it should work. Unfortunately, that’s not always how it does work.
Even in our modern era, there is an alarming percentage of employers that do not have workers compensation coverage. A lot of times, employees report their injuries and are then informed that there is no workers compensation coverage.
When an employer fails to carry workers’ compensation insurance in California, it does not mean an injured employee is without recourse. Belal has a proven track record of advocating for the rights of employees injured on the job, even when their employers lack proper insurance.
California Workers Compensation: the Facts
Injured workers are entitled to various forms of compensation under California law, regardless of whether their employer has the required insurance. These benefits may include temporary disability benefits, which provide a percentage of lost wages if a doctor determines the employee is unable to work.
In cases where permanent work restrictions are imposed, a rehabilitation voucher may be available to cover retraining or education costs up to a specified amount. Transportation expenses related to medical treatment, such as mileage reimbursement, may also be recovered.
Future medical care settlements are another avenue of compensation for ongoing treatment needs stemming from workplace injuries. If a disability limits an employee’s ability to perform routine job tasks or transition to other employment, they may qualify for a permanent disability settlement.
Each of these benefits aims to alleviate the financial strain and uncertainty that often follow workplace injuries. Belal can fight for you to recover all of this and more.
Help With Uninsured Employers and Those Who Retaliate
Even in situations where workers’ compensation insurance is absent, California law provides protections that allow injured employees to seek compensation through legal channels. Belal can evaluate the specifics of your case, determine its value, and advise on the best course of action.
By leveraging extensive experience in these matters, Belal can negotiate, challenge insurance companies if applicable, and pursue claims to ensure injured workers receive the maximum compensation possible.
If an employer retaliates against an injured worker for filing a claim, it is a direct violation of the law. Protections under the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) ensure that employees cannot legally be fired, suspended, or demoted for asserting their right to workers’ compensation.
However, some employers attempt to disguise their actions, using pretexts to justify retaliatory behavior. In cases where retaliation occurs, employees have the right to pursue penalties, including monetary compensation, back pay, and reinstatement. Seeking immediate legal assistance is essential in such circumstances to ensure these rights are upheld.
Other Ways That an Experienced Workers Compensation Attorney Can Help
Navigating the complexities of filing a workers’ compensation claim without insurance coverage requires careful attention to deadlines, paperwork, and legal procedures. In California, an injured employee must report the injury to their employer within 30 days of the incident.
Prompt medical attention not only aids recovery but also establishes a clear record of the injury, which is crucial for filing a claim. This is true regardless of an employer’s insurance.
While California law allows claims to be filed within one year of the accident, acting sooner is always advisable. The process of gathering evidence, building a case, and challenging opposing parties begins as soon as a claim is initiated, underscoring the importance of early legal guidance.
A workers’ compensation attorney provides invaluable support in these situations by handling all aspects of the process, from ensuring deadlines are met to filing the necessary legal documents. They also offer clarity about the nature of the case, the compensation that may be available, and the steps involved in securing it.
This allows injured workers to focus on recovery without the stress of navigating the legal system alone. Additionally, many workers’ compensation attorneys operate on a contingency basis, meaning they only receive payment if the case is successful.
A Work Injury Attorney Who’s There for Workers
Facing an injury at work is challenging enough without the added complications of an uninsured employer. Workers’ compensation attorneys ensure that injured employees are not left to navigate these difficulties alone.
Through diligent advocacy, comprehensive case management, and a commitment to achieving justice, these legal professionals help injured workers reclaim stability and security following a workplace accident. Those who are hurt at work and want a free case evaluation, call or message Belal.
