Van Nuys Uninsured Employers Attorney

Injured Employees and the Uninsured Employer

Workers’ comp is typically the remedy for California employees who become injured at work. However, when an employer is uninsured, the employee usually files a claim in civil court, seeking damages for his injuries in addition to benefits from workers’ compensation. Unlike a workers comp claim, a civil claim can be much more expensive to settle, since, in addition to the loss of wages and medical costs, it may include compensatory awards and, in some cases, punitive damages. Any legal costs are generally also awarded to the successful employee filing a civil claim against an uninsured employer. Keep in mind that it is possible for an injured worker to bring both a civil and workers’ comp case at the same time, but any compensation received for one claim will be deducted from the other.

Uninsured Employers and Civil Penalties

The onus is on the employer to provide proof of insurance for the affected worker or face penalties as a result. If this insurance or information to prove its existence is not provided to the proper requesting authorities, then civil penalties may result. In some cases, California courts issue a stop order against the uninsured employer, who may also be levied a fine of up to $1,500 for each employee on the payroll.

If the insurance has lapsed for more than one week in a calendar year, then the employer may be given a citation. In this case, the penalty for the uninsured employer is twice the amount of the workers’ compensation premiums that would have been charged to the employer during the non-compliant period.

In addition, during workers’ compensation proceedings, if the uninsured employer is found to have willfully failed in obtaining insurance, then the benefits paid to the worker are calculated at a 10 percent increase.

Uninsured employers may also be criminally prosecuted for failing to secure required insurance for employees. This misdemeanor offense can come with a jail sentence of up to one year and a fine that’s equivalent to up to twice the amount of the required insurance premium or $10,000, whichever is greater.

How a Van Nuys Uninsured Employers Attorney Can Assist You

The specific ways in which our Van Nuys uninsured employers law firm can help you will vary depending on the nature of your circumstances. Examples of services we offer include the following:

• Risk management counseling: The ideal goal of any employer in California who wishes to avoid penalties for being uninsured is to simply acquire the proper insurance. This offers the peace of mind that comes from knowing you and your company are not violating the law. While we can certainly still assist you if you’re facing a civil action and/or criminal charges due to being an uninsured employer in California, we can help you guard against facing such challenges in the first place by providing risk management counseling services. The purpose of these services is to help your company get on the right legal track so that you never face complications arising from a lack of proper insurance.
• Defense: Again, we’re still on hand to offer our services if you’re already the target of a civil action or you’ve been charged with a crime due to not maintaining workers’ compensation insurance according to California law. We’ll review your case carefully to build a defense strategy that’s tailored to your specific needs. We offer Van Nuys uninsured employers defense services for employers who are navigating both civil actions and criminal charges.

Just remember to be thoroughly honest in all conversations you have with our Van Nuys uninsured employers’ attorneys. If you’re aware of the fact that you have genuinely failed to purchase the insurance you need, we’ll be better equipped to offer you an effective defense if you’re honest about this matter from the start.

Van Nuys Uninsured Employers: Risk Factors to be Aware Of

You already know that failing to maintain workers’ compensation insurance can put you at risk of facing such penalties as:

• Incarceration
• Fines
• Compulsory reimbursement of an injured employee’s medical bills lost wages, and other such economic losses they may have incurred as a result of a work-related injury or illness

However, there are other penalties you might face if you’re uninsured that you might not have considered yet. Examples include:

• The possibility of having to close your business, which can affect not only you but all other employees
• Damage to your professional reputation
• Long-term difficulty attracting future employees and/or investors if you ever attempt to launch any other business ventures

None of this is meant to scare you. It’s simply meant to emphasize the value and importance of coordinating with experienced legal professionals if you’re uninsured. With the help of our Van Nuys uninsured employers’ attorneys, you can minimize your chances of facing major consequences.

Are You An Uninsured Employer

Uninsured employers face claims that are quite complex and that require knowledgeable and experienced counsel and advice. Reach out to the Van Nuys uninsured employers’ attorneys at Sacks Law Group, APC, for help navigating any claim filed against you as an uninsured employer. You can contact us for a consultation on your case by clicking here or calling 310-216-7778.