What Happens When Your Employer Doesn’t Have Workers’ Compensation?

Workers' Comp | Peter N. Davis & Associates LLC

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’ comp, 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’ compensation 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. Contact us today to find out how we can help with your workers’ comp claim.