Providing Workers’ Compensation Benefits Is A Legal Requirement
California Labor Code Section 3700 dictates that all employers with one or more employees must offer workers’ compensation to those employees in the event that they become injured while on the job. Although it is not a legal requirement that employers purchase workers’ compensation insurance through insurance carriers, they still must offer workers’ compensation benefits if a workplace injury occurs and a claim is filed. Employers may opt to self-insure, but by law, they cannot be uninsured (i.e., offer no workers’ compensation to injured employees).
Uninsured Employers Face Serious Penalties
When we look directly at California law regarding the failure to have workers’ compensation insurance, we can see that this is considered a criminal offense. Yes, the owner of a business can be charged with a crime if they do not have workers’ compensation insurance for their employees. This is punishable by up to one year in jail, a fine of not less than $10,000, or both.
Additionally, the state of California can issue penalties of up to $100,000 against illegally uninsured employers on top of the criminal fine mentioned above. However, these are not the only penalties that uninsured employers in Long Beach need to be aware of. Some additional consequences can include:
- Fines are assessed against the business for every day that the employer does not have insurance
- The closure of a business until insurance is obtained
- The imposition of a 10% surcharge in addition to a disability claim by the employee, as well as the requirement to pay the injured worker’s legal fees
In addition to these penalties, uninsured employers in Long Beach need to know that they will be exposed to civil lawsuits from injured workers. The workers’ compensation system typically prevents injured workers from filing civil personal injury lawsuits against the employer. However, if the employer has no insurance, the injured worker can file a civil personal injury lawsuit and recover massive amounts of compensation that will come right out of the business’s bottom line.
Legal Advice And Courtroom Advocacy
Our attorneys can offer legal advice to uninsured employers and can negotiate on their behalf in the courtroom. We will work to get penalties reduced and can assist you with exploring your options for getting insured, whether it means going through a carrier or otherwise. If you are facing legal issues due to being an uninsured employer, you want to have a skilled uninsured workers’ compensation defense attorney in your corner.
Sacks Law Group, APC – Long Beach Uninsured Employers Defense Attorneys
If you do not currently carry workers’ compensation insurance and want to discuss your options with an uninsured employers defense lawyer in Long Beach, the attorneys at Sacks Law Group, APC can help you get your business on track. Our knowledge and experience in workers’ compensation defense law make us the clear choice for employers who need assistance with getting their businesses in line with labor laws. We don’t just practice workers’ compensation defense—we wrote the book on it. Contact us today for a case evaluation.
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READ THE REVIEWSEmployers Workers' Compensation Defense
The workers’ compensation defense attorneys at our firm know how to build a strong wall of defense around employers, protecting California employers from frivolous and fraudulent workers’ compensation claims. Sacks Law Group, APC, is skilled at working with in-state and out-of-state employers on all workers’ compensation defense issues, particularly in the areas of:
Prior to any alleged injury or accident, we also counsel employers on ways to stay compliant with the ever-evolving California workers’ compensation laws. California employers benefit from our extensive experience and strong credentials when dealing with employee workers’ compensation fraud, as well as allegations of employer workers’ compensation fraud.