What Happens When a Farm Employer Doesn’t Carry Workers’ Compensation in Kern County?
November 3, 2026 | Article by Chain | Cohn | Clark staff Social Share
California requires every employer to carry workers’ compensation insurance, and that includes growers and farm labor contractors. When an employer skips that requirement, the law places the financial consequences on the employer.
If you were hurt working for an uninsured farm employer in Kern County, you still have two ways to recover. You can receive workers’ compensation benefits through the state’s Uninsured Employers Benefits Trust Fund, which pays an award the employer does not pay and then seeks repayment from the employer. You can also sue the employer directly in civil court, where negligence is typically presumed and the employer loses several common defenses. If a farm labor contractor was the uninsured party, the grower that used the contractor may also share responsibility.
Checking Whether Your Employer Has Workers’ Compensation Coverage
Employers are required to post information about their workers’ compensation insurance at the workplace. If that notice is missing or out of date, the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) can determine whether your employer had coverage on the date of your injury, and it waives its usual fees for injured workers.
Some employers are self-insured, which is a lawful form of coverage. If you were hired through a farm labor contractor, check the contractor’s coverage as well as the grower’s, since the contractor is often your direct employer.
Workers’ Compensation Benefits Through the Uninsured Employers Benefits Trust Fund
When an employer has no coverage, the state’s Uninsured Employers Benefits Trust Fund (UEBTF) generally pays workers’ compensation benefits and then pursues the employer to recover what it paid. For the injured worker, this requires more paperwork than a standard claim. Along with the usual claim form and application, you file a reply from the WCIRB confirming the employer had no coverage and a petition to join the fund as a party to your case. The state’s guide to filing a UEBTF claim lists each required form.
The fund pays once a workers’ compensation judge issues an award and the employer fails to pay it. Because payment waits on an award, benefits through the fund can take longer to begin than benefits from an insured employer, which is one reason to consider a civil claim at the same time.
Suing an Uninsured Farm Employer Directly
An employer that fails to carry workers’ compensation loses the protection that normally bars lawsuits by its employees. You can generally sue the employer for damages as if the workers’ compensation system did not apply, which allows recovery for pain and suffering and full lost wages.
You can pursue this lawsuit and a workers’ compensation claim through the fund at the same time, and a copy of the civil complaint must be served on the fund. A fracture that requires surgery or keeps you from returning to field work can carry long-term costs that a civil claim may address. Our farm broken bones and fractures page covers these injuries in more detail.
When the Uninsured Employer Is a Farm Labor Contractor
Growers have long relied on farm labor contractors to supply field crews. When the contractor fails to carry workers’ compensation, California law typically makes the grower share legal responsibility for that failure.
AN IMPORTANT NOTE
However, this rule does not apply to every grower. It excludes businesses with fewer than 25 workers in total and those with five or fewer contracted workers at any given time. Before suing the grower under this rule, a worker must give the grower notice of the violation at least 30 days in advance. An attorney can help you determine whether this applies and what the appropriate next steps are.
Reporting an Uninsured Employer
You can file a complaint against an employer operating without workers’ compensation insurance. The state can fine illegally uninsured employers and, in some cases, shut them down.
Frequently Asked Questions About Uninsured Farm Employers
How do I find out whether my employer had workers’ compensation insurance?
Start with the workers’ compensation notice your employer is required to post at the workplace. If it is missing or unclear, the Workers’ Compensation Insurance Rating Bureau of California can determine whether your employer had coverage on the date of your injury, without charging injured workers its usual fee. If you were hired through a farm labor contractor, check the contractor’s coverage too.
Can I still receive workers’ compensation if my employer had none?
Yes. The Uninsured Employers Benefits Trust Fund pays workers’ compensation benefits when an employer was illegally uninsured, then seeks repayment from the employer. Joining the fund requires additional filings, including confirmation from the WCIRB that the employer had no coverage, and the fund pays once a workers’ compensation judge issues an award the employer does not pay.
Can I sue an uninsured employer?
Yes. An employer that fails to carry workers’ compensation can generally be sued in civil court as if the workers’ compensation system did not apply. Negligence is presumed in that lawsuit, and you can pursue it at the same time as a workers’ compensation claim through the state fund.
What if I was hired through a farm labor contractor?
Check whether the contractor carried workers’ compensation insurance, since the contractor is often your direct employer. If the contractor was uninsured, the grower that used the contractor may share legal responsibility for that failure, unless the grower falls under an exclusion for small businesses or businesses with five or fewer contracted workers at a time. A worker must give the grower 30 days’ notice before suing under this rule.
Does it matter if my injury was partly my fault?
In a civil lawsuit against an uninsured employer, the employer cannot defend itself by arguing that you were careless, that you assumed the risk, or that a coworker caused the injury. In a workers’ compensation claim, including one paid through the state fund, benefits generally do not depend on who was at fault.
Speak to a Workers’ Compensation Attorney Today
Chain | Cohn | Clark represents farm workers across Kern County in workers’ compensation and personal injury claims, including claims against uninsured employers. Contact our Kern County farm accident attorneys today to schedule a free consultation.
