In the state of California, almost all employers need to have workers’ compensation insurance coverage. Usually however, very large companies are able to start their own type of insurance coverage, and therefore, do not need to engage in the governmental workers’ compensation program. Similarly, very small companies may not need to.
There are always companies that try to get away with not paying what they are obligated to pay, however. This includes employers failing to take out workers’ compensation insurance. This will have severe consequences for employers if they are found to be avoiding such obligations.
What are the penalties for my employer when they do not take out workers’ compensation coverage?
Employers are likely to face penalties such as fines or criminal prosecution for failing to cover their employees with workers’ compensation insurance. They will also likely be personally liable for any injuries that workers suffer while in the workplace.
Your employer also has the legal duty to provide emergency treatment for injured workers and to publicize workers’ compensation laws in obvious places at work.
If I am injured at work and my employer did not take out workers’ compensation insurance, what can I do?
If your employer is not one of the few types of companies that are exempt from workers’ compensation, it is possible that you will be able to sue your employer for your injury rather than going down the normal route of filing a claim for compensation.
If you have been injured at work and your employer does not have workers’ compensation, it is important that you understand what steps you can take next.