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No employer has a right of contribution against the Uninsured Employers Benefits Trust Fund for the liability of an illegally uninsured employer under an award of benefits for occupational disease or cumulative injury, nor may an employee in a claim of occupational disease or cumulative injury elect to proceed against ...

Section 3717 provides that a payment made pursuant to §3716 con- stitutes a liquidated claim against the employer and authorizes the state to proceed in a civil action against the employer for recovery of the amount paid.

The employer shall have 20 days after service of the notice of intention to file an objection with the appeals board and show good cause therefor. If the employer objects, the appeals board shall determine if there is good cause for the objection.

Labor Code 226 requires that an employer provide a current and former employees access to inspect or receive a copy of all payroll records within 21 days of an oral or written request (employers may charge costs of reproduction for the copy).

Filing a claim with the UEBTF 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.

For any initial violation the penalty is one hundred dollars ($100) for each failure to pay each employee. For each subsequent violation or any willful or intentional violation the penalty is two hundred dollars ($200) for each failure to pay each employee, plus 25% of the amount of wages unlawfully withheld.

Moreover, Labor Code 3715 goes on to say that when an employer is illegally uninsured, the employee is not limited to filing in civil court; rather, the employee may bring both a claim before the workers' compensation appeals board and also decide to pursue the employer in civil court.