Workers' Compensation

January 26, 2023 Posted in Articles Tagged in Personal Injury Share

Suppose you are injured in the workplace; typically, an employee will file a workers’ compensation claim to receive medical and wage benefits. However, what if your employer does not carry workers’ compensation insurance? First and foremost, most states require an employer to have workers’ compensation, and failure to carry it can lead to grave consequences for an employer. Further, a lack of workers’ compensation insurance leads employees to limited options to compensate themselves for work-related injuries.

One option an injured employee has is to file a personal injury lawsuit. If you are injured due to your employer's negligence, you likely have the standing to file a lawsuit against that employer for their negligence. Further, unlike workers’ compensation insurance, a personal injury lawsuit allows an employee to recover damages for non-economic damages. This includes, but is not limited to, medical costs, pain and suffering, loss of consortium for a loved one, emotional distress, and much more.

Another option an injured employee has is to receive compensation through your State’s Uninsured Employer’s Fund. Under the Workers Compensation Act, an employee may recover through the Uninsured Employers Guaranty Fund. In turn, the department will recover the amount paid against the employer. This reimbursement includes costs, interest, penalties, and fees under the Act.

The bottom line is if your employer does not have workers’ compensation insurance, you will find it difficult to receive reimbursement for your injuries and lost wages. In that case, you should seek a dedicated lawyer to assist you in receiving the compensation you deserve.