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Two special funds pay claims to injured workers under certain circumstances.

Claims are paid from the Uninsured Employers Benefits Trust Fund (UEBTF) when illegally uninsured employers fail to pay workers' compensation benefits awarded to their injured employees by the Workers' Compensation Appeals Board. Certain steps must be taken before and after the issuance of an award in order to receive benefits from the UEBTF. How to file a claim with the Uninsured Employers Benefits Trust Fund is a guide offering detailed steps to pursue a claim for benefits from the UEBTF.

The Subsequent Injuries Benefits Trust Fund (SIBTF) is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury. For benefits to be paid from the SIBTF, the combined effect of the injury and the previous disability or impairment must result in a permanent disability of at least 70 percent. The fund enables employers to hire disabled workers without fear of being held liable for the effects of previous disabilities or impairments. SIBTF benefit checks are issued to injured workers by the SIBTF Claims Unit after benefits are awarded by the Workers’ Compensation Appeals Board. Application for subsequent injuries fund benefits is the required application for SIBTF benefits.

If you were injured on the job and think your employer was illegally uninsured, you may apply to the UEBTF for any benefits to which you might be entitled. Filing a workers' compensation claim with the UEBTF is a complicated process. Contact an information and assistance officer at a local DWC district office for information and assistance. The UEBTF does not require a separate application for benefits; however, an application for adjudication of claim should be filed before requesting benefits from the UEBTF. Fact sheets and guides for injured worker are available from DWC's Information and Assistance Unit.

• Report of Uninsured Employers Benefit Trust Fund in compliance with Labor Code §3716.1( c )
• Report of Subsequent Injuries Benefit Trust Fund in compliance with Labor Code §4755(d)
• Report of Uninsured Employers Benefits Trust Fund Job Classification data

• How to Properly Obtain Jurisdiction Over an Uninsured Employer in Workers' Compensation Cases
  An article by DIR attorneys Steven A. McGinty and Anthony Michel in the Summer, 1999 issue of Workers' Compensation Quarterly, published by the Workers' Compensation Section of the State Bar of California.

Comments? Questions? Suggestions? Email dwc@dir.ca.gov

March 2011