Workers’ compensation insurance is supposed to be there for employees who get hurt on the job. But if your employer doesn’t have a policy, that can be a problem. Many employees don’t realize their employer skipped out on workers’ comp until it’s too late.
If you’ve been injured at work and your boss doesn’t have coverage, here’s what you need to know and what you can do about it.
It’s illegal for most employers to not have workers’ comp
With the exception of a limited few, businesses are generally required to carry a workers’ comp insurance policy. But don’t just take your boss at their word if they tell you they don’t have coverage. Verify it. Some employers say they don’t have a policy or tell employees they aren’t covered to discourage claims and avoid rising premiums.
Many states maintain online databases where employees can look up their employer’s workers’ comp status. For example, the Commonwealth of Pennsylvania has an online Workers’ Compensation Insurance Search database where you can search by company name.
If your employer has a policy, let them know you’re aware it exists and ask politely for the claim forms. If they won’t cooperate or if they really don’t have a policy, it’s time to call in a lawyer.
Consult a workers’ comp lawyer
When an employer doesn’t have coverage, you might be able to sue them for your injuries. In most states, you can sue uninsured employers for medical costs, lost wages, and pain and suffering. It’s no different than any other personal injury lawsuit. And while workers’ comp payouts are limited, a lawsuit can result in a bigger judgment. Some states even fine businesses and apply criminal charges for skipping workers’ comp.
If you’re stuck and unable to file a claim through your employer, talk to a lawyer to find out what your rights and options are to move forward. A lawyer will look beyond the employer to see if a third party might be responsible. For example, if a tool or machinery defect caused your injury, you might have a claim against the manufacturer.
The best part is that most personal injury lawyers take cases on contingency, so you won’t need to pay them any fees unless you win. They’ll take a percentage of your compensation off the top and send you the rest.
Report your injury to your employer
Even if your employer doesn’t have workers’ comp insurance, reporting your injury is crucial. You need a paper trail that shows when and how your injury occurred. And it’s equally important to follow company policy for reporting an injury. If the form you need to fill out isn’t complete, you can always attach extra documentation.
If your employer won’t take your injury report, email it and mail a physical copy through certified mail. Take photos of what you send and document the fact that your employer has refused to accept your report.
Seek medical care
No matter how minor your injury seems, get it checked out by a doctor. It sounds extreme, but even a paper cut can turn into a nightmare if it gets infected. Let your doctor know your injury was work-related and they will document it properly in your file. Don’t skip over telling your doctor how it happened because you’ll need your medical records to prove your claim.
Check out state compensation programs
Some states have a fund reserved for helping injured employees whose employers don’t have coverage. These funds can cover medical bills and lost wages, but you’ll need to prove your employer doesn’t have workers’ comp coverage. If you’re approved, this type of program will cover a little bit, but don’t expect too much
When you consult a lawyer, they can help you recover compensation through one of these programs, if it exists.
You still have options
It’s frustrating to find out your employer doesn’t have workers’ comp, but it doesn’t mean you’re out of luck. Your best bet is to talk to a lawyer right away to discuss your case and find out how you can recover compensation. You might need to file a lawsuit, so in the meantime, gather your documentation to prove your case.
Employers that dodge their legal duty may try to shift the burden onto you, but you don’t have to let them win. If they’re legally required to carry insurance, there’s a good chance they’ll be held accountable in court. But you have to take action. Contact a workers’ comp attorney right away and get the ball rolling.
