No Fees Unless You Recover Compensation
Law Offices of Bo Katzakian
San Jose: 408-624-8420
Salinas: 831-222-0988
Santa Cruz: 831-222-0855
San Luis Obispo: 805-475-3890

What if an employer has no workers' compensation insurance?

It is the law in California that employers have workers' compensation insurance. However, there are times when they violate this law and do not have that coverage and subsequently fail to pay workers who have been awarded benefits. In such an instance, there are two funds that can pay benefits to workers, depending on the circumstances. They are the Uninsured Employers Benefits Trust Fund (UEBTF) and the Subsequent Injuries Benefits Trust Fund (SIBTF). Workers who are injured on the job should be aware of these options.

UEBTF is for workers whose employer was illegally uninsured when they received an award and they did not get what they were owed. The award will have been made by the Workers' Compensation Appeals Board. There are certain steps an employer must take before and after the award is issued from UEBTF. A claim form must be filled out;, it must be determined if the employer had workers' compensation coverage,; medical reports from doctors, medical bills, proof of employment, and a list of witnesses must be provided; and all the necessary forms must be filled out if the employer did not have the proper coverage.

For workers who had a disability or impairment when they were injured on the job, the SIBTF is an option. To receive payment through SIBTF, the injury and the prior impairment or disability must result in a minimum of 70 percent permanent disability. This fund is beneficial to workers because it encourages employers to hire people who are disabled without having to worry about liability for impairments or disabilities that were in place beforehand.

Since filing for these types of benefits can be complicated and showing that the employer did not have the proper insurance is essential for UEBTF or that the worker met the requirements for SIBTF if he or she was impaired, it is imperative to have legal assistance from the beginning to the end of the process. Just because a worker was employed by someone who did not have the necessary coverage or was already disabled does not mean they cannot recover benefits. Speaking to a lawyer who is experienced in workers' compensation can therefore often be beneficial.

Source: California Department of Industrial Relations, "Uninsured Employers Benefits Trust Fund (UEBTF) & Subsequent Injuries Benefits Trust Fund (SIBTF)," accessed on Aug. 21, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Your Injury Won't Wait. Neither Should You. Tell Us About Your Case Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

3150 Almaden Expressway
Suite 147
San Jose, CA 95118

Phone: 408-624-8420
Phone: 831-222-2980
Fax: 408-816-7856
Map & Directions

3196 S Higuera Street
Suite D
San Luis Obispo, CA 93401

Phone: 408-624-8420
Map & Directions

137 Central Avenue
Suite 8-A
Salinas, CA 93901

Phone: 408-624-8420
Map & Directions

911 Center Street
Suite A
Santa Cruz, CA 95060

Phone: 408-624-8420
Phone: 831-222-3980
Map & Directions

Review Us