What Should I Do if My Employer Doesn’t Have Workers’ Comp Insurance?

February 25, 2022

You’ve been injured on the job. You have medical expenses. You’ll be out of work for a while. And you discover your employer doesn’t have workers’ comp insurance. What now? Should you contact a personal injury lawyer? Possibly. Here’s what you need to know.

It’s usually required

Most employers are required to have workers’ comp coverage. They purchase insurance or provide self-insurance to cover these situations. In some states, this is only required if the employer has a certain number of employees.

When you report your injury, your manager should tell you how to file a workers’ comp claim. You should receive all of the necessary paperwork to complete and file. You should be informed at that time if your employer does not have workers’ comp insurance.

If they don’t have it…

If you discover that your employer does not have workers’ comp coverage, you usually have two options: you can contact a personal injury lawyer to file a personal injury lawsuit against your employer, or you can file a workers’ comp claim with your state’s uninsured employer’s fund (if one is available).

Typically, employees cannot sue an employer for work injuries. However, if the employer does not have workers’ comp coverage, you may be able to file a suit.

If both of the above options are available, you can choose which route you would like to pursue. A consultation with a personal injury lawyer can help with making this decision.

What if they go out of business?

Another unfortunate scenario that you may encounter is business failure. If either your employer or their insurance company goes out of business, how can they pay your workers’ comp claim?

Usually, if your employer goes out of business, the insurance company will still pay your claim. If the insurance company goes out of business, and your employer cannot pay your claim, you can usually receive payment from your state’s funds for injured employees.

I’m still not sure what to do

The process of filing a claim with an uninsured employer can be complex and intimidating. Don’t hesitate to contact a personal injury lawyer for assistance with these procedures. This expert can explain all the relevant laws, walk you through the process and help you decide on the best course of action.

Who should I contact?

If you decide you need assistance with filing a claim or suit, look for a personal injury lawyer who has experience with workers’ comp situations. Find a firm that is established in the industry and has a track record of success. Ask about their expertise and how they will help you through the process.

We know what to do

If your employer doesn’t have workers’ comp coverage, don’t stress. Simply reach out to the professionals at The Law Offices of Max. G. Arnold, Inc. We’ll bring over 35 years of legal experience to your case. We know the best strategies to help you get the funds you need and deserve. Contact us today at 707-535-1920 to schedule your personal case evaluation.

Categorised in:

Request Your Free
Case Evaluation

Get the legal help you need from
The Law Offices of Max G. Arnold.

Send us a Message

Text Us

We Take Care of Our Clients

May 30, 2019 Kristen
"Based on his staff alone, I would definitely use Mr. Arnold for all my personal injury needs. Here's hoping I won't need him anytime soon..."
May 30, 2019 Jana
"I was greeted warmly by everyone initially. I had answers to my questions in a timely manner. I feel like my settlement could have been more..."
May 30, 2019 Alma
"When I first consulted with Max Arnold and his staff I knew he was the attorney I wanted to represent me. He is straight with his answers an..."
May 30, 2019 Elaine
"I am pretty weary of personal injury lawyers, but when the day came that I actually needed one, I was glad I found Max. I was hit by a drive..."
May 30, 2019 Bartholomew
"Mr. Arnold deserves a lot of respect for what he does. I was hit by a drunk driver, and I needed some physical therapy that the other insura..."
The Law Offices of Max G. Arnold