A recent court judgment has delivered a staggering outcome for an injured employee in California, sending a clear message about the severe consequences for employers who fail to carry mandatory workers’ compensation insurance. The case, expertly handled by David A. Kleczek of Kleczek Law Office, resulted in a judgment exceeding $5.7 million for the plaintiff. This substantial award underscores the critical protections California law affords to workers, especially when their employers operate without the legally required insurance.

The case centered on an employee who suffered serious injuries after falling from an unstable ladder while painting the ceiling of a warehouse. Crucially, the employers involved did not have any workers’ compensation insurance to cover the plaintiff’s work-related injuries, a direct violation of California law. Furthermore, it was alleged that these employers knew the equipment provided to the plaintiff was unstable, dangerous, and unfit for the assigned work. The lawsuit sought damages based on negligence, premises liability, and negligence per se against the employers, who were also the property owners. The judgment awarded significant compensation, ultimately totaling $5,758,909.37, encompassing economic damages, non-economic damages, and other relief.

This powerful victory highlights the dedication and expertise of the team at Kleczek Law Office.

Suing an Uninsured Employer in California: Your Rights and Legal Pathways

California law unequivocally mandates that nearly all employers carry workers’ compensation insurance to cover employees injured on the job. When an employer neglects this crucial responsibility, they face not only potential criminal charges and state penalties but also direct civil lawsuits from injured employees.

Here’s a breakdown of the robust legal provisions in California that empower employees to seek justice against uninsured employers, as demonstrated by this significant judgment:

• Direct Civil Action (California Labor Code §3706): When an employer is illegally uninsured, an injured employee is explicitly entitled to bring a direct action against the employer in court. This means the employee can bypass the traditional workers’ compensation system and sue for full tort damages, which often far exceed what workers’ compensation benefits alone would provide.
• Presumption of Employer Negligence (California Labor Code §3708): This is a cornerstone for injured employees. Labor Code §3708 establishes a presumption that the employee’s injury was a direct result of and grew out of the negligence of the employer. The burden of proof then shifts entirely to the employer to rebut this presumption, providing a significant advantage to the injured worker.
• Elimination of Common Employer Defenses (California Labor Code §3708): To further protect injured employees, Labor Code §3708 explicitly states that an uninsured employer cannot use common defenses such as contributory negligence (where the employee’s own actions contributed to the injury), assumption of risk (where the employee supposedly knew and accepted the risks), or negligence of a fellow employee (where another worker’s actions caused the injury). This prevents employers from deflecting responsibility and ensures they are held accountable.
• Comprehensive Damages Available: In a civil lawsuit against an uninsured employer, the scope of recoverable damages is broad. This includes:
  ◦ Economic Damages: Covering quantifiable losses like medical expenses, lost wages, and loss of future earning capacity.
  ◦ Non-Economic Damages: Addressing intangible losses such as pain, suffering, emotional distress, and loss of enjoyment of life.
  ◦ Punitive Damages: In certain cases, additional damages may be sought to punish egregious employer conduct.
• Recovery of Attorney’s Fees (California Labor Code §§4555, 3709): Injured employees are also entitled to recover attorney’s fees in such actions. This crucial provision ensures that victims can pursue their rightful compensation without bearing the full financial burden of litigation, making legal representation accessible.
• Attachment of Employer Property (California Labor Code §3707): To help secure payment of any judgment obtained, California Labor Code §3707 permits the plaintiff to attach the employer’s property at any time upon or after the initiation of the lawsuit. This is a vital mechanism to ensure that if a judgment is awarded, there are assets available to satisfy it.