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Common questions

“They switched carriers. Who pays?”

For a single injury, the carrier on the date of injury is liable. For an injury that built up over years, the answer is § 5500.5 and it is genuinely different.

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The short answer

For a specific injurySpecific injury One identifiable event on one date., the carrier on the risk on your date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this.. For a cumulative traumaCT — Cumulative trauma Injury from repeated exposure over time. The largest injury category in California and the least claimed., § 5500.5 changes the answer entirely.

Either way this is their fight, not yours — and you should not be caught in the middle of it.

On this page

A specific injury

The carrier insuring the employer on the date of injury is liable, and a later change of carrier does not move that. Coverage follows the date, not the calendar.

If two carriers are pointing at each other, that dispute is resolved between them and it does not suspend your benefits. Say so in writing if payments have stopped over it.

A cumulative trauma — this is the different one

The law limits liability for a cumulative injury or occupational disease to the employers and carriers on the risk during a defined period of injurious exposure preceding the date of injury.

Two practical consequences:

You generally do not have to sue everyone who ever employed you. Liability is confined to a defined window.

And where more than one carrier is liable, the law lets you proceed against any one of them, leaving them to sort out contribution among themselves afterward. That is deliberate, and it exists so an injured worker is not required to litigate an apportionmentApportionment Dividing permanent disability between industrial and non-industrial causes. It is to disability, not to findings on an image. fight between insurance companies before receiving anything.

The § 5412 date of injury drives all of it — the date disability and knowledge of industrial causation first coincided, which is often years after the wear began. How cumulative trauma works.

What to do

Write down every employer and every approximate date for the period you did this kind of work. Even approximate is useful.

Keep old pay stubs, W-2s, and union records if you have them. If not, employment history can be reconstructed.

File against the employer you know, and let the carriers be joined. Waiting until you have identified every carrier is how the one-year statute gets missed.

And if any employer in the chain was uninsured, there is a separate route through the Uninsured Employers Benefits Trust FundUEBTF Uninsured Employers Benefits Trust Fund. Pays benefits where the employer was illegally uninsured. — but that Fund is only reachable if the employer is properly joined, and that step gets missed. How UEBTF works.

Can I even file?

Coverage, status, and the employers who say no.

Common Questions

Sources

Labor Code § 5500.5 (liability for cumulative injury and occupational disease; election among employers at subdivision (c))§ 5412 (date of injury in cumulative trauma)§ 5405 (limitations)§ 3700 (obligation to secure coverage)§ 3716 (Uninsured Employers Benefits Trust Fund)Insurance Code § 1063 et seq. (California Insurance Guarantee Association).

General information about California law, not legal advice about your case.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/my-employer-changed-insurance-companies/ · Last reviewed

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If the carrier itself went insolvent

The California Insurance Guarantee Association exists for that, and claims continue. It is slower and it has its own procedures, but the benefits do not vanish because an insurer failed.

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