If you want to seek workers compensation for your work-related physical or stress-related injury, the question, “Does my employer even have workers comp insurance?” has probably crossed your mind once or twice.
This is a good question to ask yourself and a Los Angeles stress-related injury attorney, who would perform a background check on your employer to see if he/she can be classified as any of these four categories:
Knowing whether or not your employer has workers compensation insurance is vital, as it is the insurance company that is responsible for reviewing, investigating, approving, or denying your workers comp case. There have been numerous situations when an injured worker reported his work-related injury to his/her employer, and the employer did not provide the worker with workers comp insurance information simply because he/she does not have any.
So knowing beforehand if your employer does or does not carry workers compensation insurance coverage is important before reporting your workplace injury and seeking compensation to prevent unnecessary delays.
“But why cannot I get my workers compensation claim approved by my employer without the insurance company?” this is the question we, here at the Law Offices of Kropach & Kropach, hear way too often. Let our Los Angeles workers compensation attorney explain.
Having workers compensation insurance is paramount because the insurance company will be handling authorization and payments for medical treatments associated with a work-related physical or stress-related injury. If your claim is approved, your employer will have to compensate for your injuries and damages from workers comp insurance coverage to pay temporary or permanent disability benefits.
Also, insurance companies handling workers compensation claims have a duty to investigate claims filed by injured workers. In addition to that, workers compensation insurance may provide you with up to $10,000 of medical care while your claim is being investigated.
As we have mentioned above, there are four categories of employers’ workers compensation insurance. Having no workers comp insurance coverage whatsoever is considered to be “illegally uninsured,” and makes it practically impossible for you to collect workers comp benefits without seeking the legal advice of a Los Angeles stress-related injuries lawyer.
If your employer has regular workers compensation insurance, his/her insurance information will be available on the Workers Compensation Insurance Rating Bureau (WCIRB) website. Use your employer’s correct name when doing the search about your employer’s insurance company.
Self-insured employers can handle workers compensation claims through an Office of Self Insurance program in Los Angeles and all across California. You can find out whether or not your employer is self-insured by checking the website of the Department of Industrial Relations.
There are also employers who can be legally uninsured, but there are not many of them in California. Illegally uninsured employers, on the other hand, are quite prevalent in Los Angeles and elsewhere in California. While an illegally uninsured employer may agree to pay for your workplace injuries while bypassing the workers compensation system, many uninsured employers are reluctant to cooperate. In that case, you will have to bring your workers compensation claim to the Uninsured Employers Benefits Trust Fund (UEBTF). But before you do, consult with a stress-related injury lawyer in Los Angeles.
Here at the Law Offices of Kropach & Kropach, our experienced attorneys will answer all your questions about workers compensation in California. Call our offices at 818-609-7005 or complete this contact form to get a free consultation.