Yes, you can still receive workers’ compensation benefits even if your employer has no insurance. Although your employer should have workers’ compensation insurance, you can collect benefits from the Workers’ Compensation Trust Fund (WCTF). This is a fund that presents benefits for workers whose employers do not have insurance. In order to file a workers’ compensation claim with the Department of Industrial Accidents (DIA), you will need to know the following:
- Your date of injury, illness, or death if a dependent is filing for benefits
- The 1st calendar day of work you missed
- The 5th calendar day of work you missed
- The body parts and types of injuries
- How long you may be out of work, if applicable
- Where you first went for treatment
- The name of the doctor who is currently treating you
If you file a claim where you are seeking weekly disability benefits, you need to attach a copy of a doctor’s report or record (not more than 6 months old). This note explains the extent and length of time that you have dealt with the physical and/or emotional incapacity to work. It is also necessary that you attach a Certificate of No Insurance and DIA Form 170 – Affidavit of Employee in Application for Trust Fund Benefits.
Following these steps, you will be contacted by a claims representative and an investigator from the Department of Industrial Accidents (DIA) to review your claim. Next, you will receive a notice from the DIA regarding a conciliation for your claim. The first step in the dispute process is known as conciliation.
There are many steps in filing a claim against the Workers’ Compensation Trust Fund. Contact an attorney to assist you immediately.
