Can I File a UEBTF Claim If My Employer Is Not Insured?
Our Attorneys Explain the Uninsured Employers Benefits Trust Fund
The state of California’s employment laws mandate that all employers must have workers’ compensation insurance. This way, if one of their employees is hurt or falls ill on the job, they can receive temporary disability benefits to help them make up for lost wages. However, not all employers obey the law, and those trying to file a workers’ comp claim could find themselves out of luck. Foreseeing this, the state of California established the Uninsured Employers Benefits Trust Fund, or UEBTF.
Employees hurt on the job in California can file a UEBTF claim if their employer is not following the law for benefits for which they might feel that they are entitled to. Filing this claim can be a long and complicated process, though, especially if you are trying to recover from an injury or illness. Fortunately, the Gilroy workers’ comp attorneys at Cramer & Martinez, LLP can help. We have more than 50 years of combined experience helping injured workers file workers’ compensation claims in California, deal with willful misconduct on the part of employers and file a claim for UEBTF.
What Is the Uninsured Employers Benefits Trust Fund?
The Uninsured Employers Benefits Trust Fund, or UEBTF, is a program put into place by California state law to compensate injured workers whose employers are illegally uninsured. California employment laws state that an employer with more than one non-family employer must have workers’ compensation insurance. For violating this law, they can face fines, fees and even jail time, as it is considered a felony. However, some employers still try to get away with this, and an injured employee can take them to court over it. In the meantime, they can file a UEBTF claim to help with their benefits.
An injured worker filing a UEBTF claim can be a complicated process. To find out if you qualify for UEBTF benefits, consult with a Gilroy workers’ comp attorney to have your questions answered and to get the ball rolling on this claim-filing process.
When Can I File a UEBTF Claim?
You file a UEBTF claim when you have been injured or have fallen sick while working on behalf of your employer and discover that they are uninsured or refusing to process your workers’ comp claim in California. It can be a long, drawn-out process that involves:
- Filing a claim with the Workers’ Compensation Appeals Board (WCAB) to see if you qualify for benefits and how much compensation you might be eligible to receive.
- Providing your legal name and proper identification of your employer to UEBTF.
- You or your attorneys legally serving your employer with the workers’ compensation claim.
- UEBTF paying your benefits, but only if your employer does not. However, if UEBTF denies, delays or terminates your benefits, the WCAB can provide you no recourse, as they cannot compel the UEBTF to do so or penalize them.
If you have an issue with your UEBTF claim or workers’ comp claim in California, you should speak with a Gilroy workers’ comp attorney to see what your options are and how they can help. It can be a troubling enough time if you are trying to recover from an injury or illness, but the stress of dealing with these claims can make it worse. Please seek an experienced and skilled worker’s comp lawyer to deal with the legal end and try to at least partially alleviate your worries.
Need Help? Contact Our Gilroy Workers’ Comp Attorneys
Our firm has been working with injured workers on UEBTF claims and workers’ compensation in California since 1992. We look out for your best interests and work tirelessly to see that you are fairly compensated for your injury or illness. We serve Hollister, Morgan Hill, San Martin, Gilroy and the surrounding areas. We strive to be known as the premiere injury law firm in South County.