Right now, the unemployment rate is at a low level and for that we are grateful. When you are employed, though, you have certain expectations of your employer. One of those expectations is that you will be taken care of in case of a workplace injury. Unfortunately, there are times when workers find out that their employer does not actually have workers’ compensation insurance. Do you know what to do if that happens to you?
At Koszdin, Fields & Sherry, we are here to help when you need a Los Angeles on the job injuries attorney. Our team will investigate your case and work diligently to secure the compensation you need for all of your workplace injury-related expenses.
What Happened Here?
David Michael Bufano owns a California pizza restaurant. He was also recently found to be in violation of California’s labor code and ordered to pay some hefty fines.
His crime? He failed to provide his employees with workers’ compensation insurance.
We say crime because that is exactly what it is. California has very strict laws when it comes to who must provide insurance for their employees. Violation of these laws can lead to:
- A $10,00 fine
- Up to one year in jail
- Further fines based on each employee
- Other state penalties
The state can even shut a business down until the remedy the insurance situation while forcing the business to pay its employees for each day they are shut down.
The state takes this issue so seriously because it wants to protect the rights of workers. When someone is hurt at work, they should not have to worry about whether or not they can afford medical treatment. Workers’ compensation insurance will generally cover the costs. If an injured employee misses workdays, the insurance will cover much of their daily wages as well.
When an employer does not have this coverage, the expenses are placed on the state through the Uninsured Employers Benefits Trust Fund.
Workplace injuries are going to happen. According to the Bureau of Labor Statistics, there were nearly 2.8 million nonfatal workplace injuries or illnesses in 2017, the latest full year of data on record. If you are working for an employer without insurance, we suggest reporting the case to the state and possibly finding another job.
What You Can Do Now
If you or a loved one get hurt at work but are told that your employer does not have insurance to help you, or if your claim is denied, then you may need to seek legal assistance. You deserve to be treated fairly and in accordance with California law at all times. At Koszdin, Fields & Sherry, we will work to get the compensation you need. This can include:
- Coverage of your medical expenses
- Recovery of lost income and benefits
- Pain and suffering damages
- Possible punitive damages