What Options Are Available If Your Employer Doesn’t Carry Workers’ Compensation Insurance
Work injuries can happen with little warning and drastically reduce your ability to perform your job in the way that you need. After a workplace injury, many workers rely on workers’ compensation benefits to help them get by financially until the time they are able to resume their duties at full capacity. However, not every employer carries workers’ compensation, leaving some employees in a dire situation following a work related injury. Read on to find out what you should do if your employer doesn’t have workers’ compensation and how a workers’ comp attorney can help you get the support you need.
What is Workers’ Compensation?
Workers’ comp benefits are designed to help injured workers survive financially until such a time that their injury allows them to continue to work. Nearly every state in the country requires employers to carry some sort of workers comp insurance, excluding Texas. Unfortunately, not every employer is forced to carry workers’ comp, which may leave you struggling financially after a work related injury. If your job does offer these benefits, then you should apply for collection immediately following an injury, as the approval process can sometimes be slow and complex.
Petition Your State’s Emergency Worker Funds
For employees who find themselves unable to work after an on-the-job injury and don’t have access to workers’ comp benefits, many states offer emergency funds to help support these vulnerable workers until their injury has healed. Known as Uninsured Employers’ Funds, these systems can provide money that may be used to replace part of the injured employee’s pay check or cover medical bills related to their injury. It is also a possibility to apply for your state’s disability insurance program, although this is often a longer, more involved process that may be too drawn out for those in emergency situations. Consulting with your state’s labor board about these funds should be your first move after you’ve been injured at a workplace that doesn’t carry workers’ comp.
Consider Taking Legal Action Against Your Former Employer
If you’ve been hurt on the job, then it’s possible that your employer is culpable in some way. While this option certainly isn’t easy—or palatable, for many—one of the choices you have when you find yourself injured without workers’ comp is to sue your employer. Legal action comes with several benefits, mostly related to how much compensation you may get. Whereas workers’ comp generally only covers two-thirds of your lost paycheck, you can sue for, and possibly receive, your full amount. It is also possible to receive additional compensation in the form of emotional and punitive damages should the court find that your employer was responsible for your injury and that it caused you psychological harm.
You should be aware, however, that taking the legal route can also be extremely time consuming, often taking months for a resolution to your case.
Get Advice from a Workers’ Comp Attorney
Being hurt on the job can be extremely damaging to your future financial prospects, especially if you find yourself unable to work for an extended period of time and without access to workers’ comp benefits. After you’ve been hurt on the job and can’t rely on workers’ comp, you should consult with an experienced workers’ comp attorney, like the kind you’ll find at the Law Offices of Peter N. Davis and Associates. We will fight for you after you’ve been hurt on the job so that you and your family get the compensation you need and deserve.
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Unfortunately, our experience with this law firm was extremely disappointing and very different from the impression we initially had after seeing so many positive Google reviews and such a high rating.
We contacted this firm because my wife was involved in a car accident, and we were hoping to find a reliable, professional, and compassionate legal team that could guide us during a very stressful and difficult situation. We completely understand that not every law firm can accept every case, and we would have respected a decision not to represent us. The problem was not simply that the case was not taken — it was the way the entire situation was handled.
My wife spoke with a legal assistant named Ms. España, and the conversation left her feeling scared, uncomfortable, and even more distressed than she already was because of the accident. In our experience, the communication was unnecessarily harsh, aggressive, and lacking empathy. Instead of calmly explaining why the firm could not proceed, giving professional guidance, or suggesting possible next steps, the conversation made my wife feel as though she had done something seriously wrong.
At one point, the way certain issues were presented made her feel almost as if she felt treated in a very bad way Whether that was the intention or not, that is how the conversation came across to her, and I believe professionals working with accident victims should be very careful about how they communicate serious legal concerns.
People contacting a personal injury law firm are often already dealing with physical injuries, emotional stress, financial uncertainty, insurance problems, transportation issues, and fear about what will happen next. A legal assistant is often one of the first people a potential client speaks with, and that person should understand how important professionalism, patience, empathy, and respectful communication are.
What made this experience even worse is that we were specifically told that a release/disengagement letter as well as the digital copy of the file would be sent regarding the case. That letter never arrived as promised.
This has become a serious problem because other attorneys we have contacted have indicated that they need confirmation that the previous firm is no longer representing or involved in the matter before they can properly move forward with reviewing or handling the case. Because we still have not received the promised documentation, we feel that our ability to move forward and obtain new representation has been unnecessarily complicated and delayed.
When a law firm tells a client that an important document will be provided, especially a document that may affect their ability to retain another attorney, that commitment should be taken seriously.
We were never expecting this firm to guarantee an outcome, accept a case they did not want, or tell us only what we wanted to hear. We simply expected clear legal communication, professional treatment, basic compassion, and the documentation that was promised.
The most disappointing part is that we contacted this company specifically because its Google reviews created the impression that it was a highly reliable and professional organization. We truly believed we were reaching out to a firm that would treat accident victims with dignity and provide responsible guidance, even if they ultimately decided not to take the case.
Unfortunately, our personal experience did not reflect that expectation.
I sincerely hope management reviews how prospective clients are treated by intake staff and legal assistants, how sensitive legal information is communicated to people who are already under significant stress, and how disengagement or release documentation is handled when representation ends or a case is declined.
A law firm does not have to accept every case, but every person who contacts the firm deserves to be treated respectfully and professionally.
Based on our experience, better communication, more empathy, and stronger follow-through would have made a significant difference.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby
