Employer Responsibilities

Workers’ Compensation Attorney in Sacramento

Employer Responsibilities

What are my employer's responsibilities under workers' compensation laws?

Before an injury or illness occurs, your employer must:

  • Obtain workers’ compensation insurance or qualify to become self-insured
  • When hiring a new employee, provide a workers’ compensation pamphlet explaining the employee’s rights and responsibilities
  • Post the workers’ compensation poster in a place where all employees can see it.

After an injury or illness occurs, your employer must:

  • Provide a workers’ compensation claim form to you within one working day a work-related injury or illness is reported
  • Return a completed copy of the claim form to you within one working day of receipt
  • Forward the claim form, along with the employer’s report of occupational injury or illness, to the claims administrator within one working day of receipt
  • Within one day of receiving your claim, authorize up to $10,000 in appropriate medical treatment
  • Provide transitional work (light duty) whenever appropriate
  • If you are the victim of a crime that happened at work, the employer must give notice of workers’ compensation eligibility within one working day of the crime.
Can my employer take part of my check to pay for workers' compensation insurance?

Yes. Your employer must post the notice to employees poster in a conspicuous place at the work site. This poster provides you with information on workers’ compensation coverage and where to get medical care for work injuries. Failure to post this notice is a misdemeanor that can result in a civil penalty of up to $7,000 per violation.

What happens if my employer is uninsured and I'm hurt on the job?
Failing to have workers’ compensation coverage is a criminal offense a misdemeanor punishable by either a fine of up to $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers.

If you have a work-related injury or illness and your employer is not insured, your employer is responsible for paying all bills related to your injury or illness. Contact the information & assistance officer at your local DWC district office for further information. Workers’ compensation benefits are only the exclusive remedy for injuries suffered on the job when your employer is properly insured. If your employer is illegally uninsured and you have a work-related injury or illness, you can file a civil action against your employer in addition to filing a workers’ compensation claim.

You may also file a claim for benefits with the state’s Uninsured Employers’ Benefit Trust Fund (UEBTF). See DWC fact sheet F and guides 1616A and 16B for more information on filing a claim with the UEBTF.

What is the Uninsured Employers' Benefit Trust Fund?

The UEBTF is a special unit within the Division of Workers’ Compensation that may pay benefits to injured workers who get hurt or ill while working for an illegally uninsured employer. The UEBTF pursues reimbursement of expenditures from the responsible employer through all available avenues, including filing liens against their property.

Where can I report an employer for not carrying workers' compensation insurance?

You may report an uninsured employer to the nearest office of the Division of Labor Standards Enforcement. The offices are also listed in the state government section of the white pages of your local telephone directory under industrial relations, labor standards enforcement.

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