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


Employers Without Workers Compensation

Workers compensation is an insurance provided to employees that awards lost wages and pays for medical expenses in case of injuries occurring while on the job. Chances are high that your employer has workers compensation insurance as it is required by almost every state, however if they do not, it can be a problem. Smaller companies usually do not need to have workers compensation because they have so few employees. The advantage of workers compensation is that an employee injured while on the job can just file a claim with the insurance, rather than having to file a lawsuit and going through court. If your employer does not have workers compensation insurance, you will need to go to the court and file a complaint.


Advantages and Disadvantages

The upside of your employer not having workers compensation insurance is that there is no max amount of compensation you will receive like there is with workers compensation. Workers compensation does not normally cover the full amount of medical expenses or lost wages anyway. However, the downsides of your employer not having workers compensation insurance is that going through the courts is costly and time consuming. Because you are directly suing your company and not filing an insurance claim, your compensation will take longer to get to you. You will have to prove that your employer was at fault for this injury as well. Negligence in the workplace can be hard to prove, but not impossible.


Providing Proof

Proving that you were hurt while working can be difficult if there were not a lot of witnesses around. Make a mental note to take pictures of the scene where you were injured, write up where you were, when it occurred, any individuals who were around and exactly what happened. You will want to sign and date your testimony and if any witnesses were present, have them write a testimonial as well. Taking a video of the scene and of your injury can also help you with your claim. You should also go visit a doctor immediately after your incident so that you can document your injury.  Written documentation from your doctor can help your claim, as well as give you better understanding of your injury as a whole. Take pictures of any medication, medical bills and blood tests that your physician gives you. Workers’ compensation was created as a trade off that allows employees to be compensated without having to prove negligence, and allowing employers to save on the cost of defending against lawsuits. If your employer does not have workers compensation, considering reaching out to an attorney, like a workers compensation lawyer Milwaukee WI trusts, to help coach you through the court process. Some states also have funds that pay benefits to people who have been injured on the job while working for an uninsured employer. These funds may be able to help you with your medical bills as well as lost wages.

Hickey and Turim Attorney at Law Thanks to our friends and contributors from Hickey & Turim, SC for their insight into