What if My Employer Doesn’t Provide Workers Compensation?
May 27, 2019 | Worker's Compensation
In most states, if a business has four or more employees, the employer is required to purchase workers’ compensation insurance. However, in some states, the requirements set for holding workers’ compensation insurance differ significantly and can leave injured employees worried about whether they can receive benefits for their harm and losses. If you have been injured in a workplace accident, your employer doesn’t provide workers’ compensation, and you are unsure if your employer is required to have workers’ compensation insurance, an experienced lawyer can assess your case, determine your rights to receive benefits, and help you sue your employer for the compensation that you deserve.
When is an Employer Required to Have Workers Compensation Insurance?
Every state requires workers’ compensation insurance for certain industries and types of businesses, but the specifics vary for each state. Factors that are used when determining if a company is required to hold workers’ compensation insurance include how many employees the business has, how long the business has been in practice, where the business is located, and what industry the company is in. For example, certain industries, such as construction and other labor-intensive fields, are at a higher risk for occupational hazards and have a higher rate of on the job injuries and deaths. Therefore, in most states, construction business owners or businesses in labor-intensive injuries are required to purchase higher insurance policies than a retailer or standard office job.
The consequences of not providing workers compensation insurance are generally severe. If a business has the state’s required amount of employees to necessitate workers’ compensation insurance, and the employer doesn’t provide this type of coverage for employees, this puts the business at risk of non-compliance with state workers’ compensation laws. Penalties for noncompliance vary for each state but typically include steep fines, loss of license, and in some states, criminal charges.
What Should I Do If My Employer Doesn’t Provide Workers Compensation?
If your employer meets your state’s requirements for workers’ compensation insurance but doesn’t provide it, you could be eligible to pursue a personal injury claim against your negligent employer. Suing for personal injury damages can recover different types of compensation than you might receive for a workers’ compensation claim, but it’s essential to keep in mind that you might not receive a higher amount of compensation.
Generally, suing an employer that doesn’t provide workers’ compensation involves the following elements:
- Proof of the employer’s liability to have workers’ compensation insurance
- Proof of injuries – photos, video, medical report from the accident
- Evidence that the employee was on the clock at the time of the incident
- Evidence of the employer’s negligence – hazardous work conditions, defective equipment, improperly maintained machines, etc.
- Witness reports of the accident
After an accident, it’s crucial to gather evidence from the scene, but even more essential to hire a Workers’ Compensation Lawyer to represent your case. An experienced lawyer can help you gather substantial evidence, explain your employer’s liability, detail your rights as an employee, and bring a powerful suit against your negligent employer for your harm, losses, and not providing workers’ compensation.
Speak with a Workers Compensation Lawyer Today
If you are injured on the job and decide to sue your employer for not providing workers compensation, having a lawyer by your side is vital. Recovering a high settlement for your injuries and financial losses can be difficult and time-consuming, but an experienced lawyer can take the lead with your case and fight against your employer’s insurance company for the most compensation for your workplace injuries.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm are ready to represent your case and help you sue your irresponsible employer that doesn’t provide workers’ compensation. No one should have to deal with the uncertainty of not knowing how they are going to pay for steep medical bills, or deal with lost wages, because of their employer’s negligence, so the Dixon Injury Firm’s Workers Compensation Lawyers are committed to doing everything in their power to obtain the most damages for your worker’s compensation case.
For more information on how our Workers Compensation Lawyers can help with your case, don’t hesitate to call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation, and explore the options available to your case.