When employees get injured at work, they usually file a workers’ compensation claim to receive medical and wage replacement benefits for every employer is required to carry workers’ comp insurance in most states and territories in the country. It’s done in order to provide financial assistance to employees who got injured in the course of their employment. Failure to maintain this type of insurance can be serious trouble for employers and entrepreneurs.
For instance, not having workers’ comp can be considered a felony in a number of jurisdictions for companies with five or more personnel. Those with a lesser number of team members may also be appalled to provide insurance coverage.
However, what happens if your employer doesn’t have workers’ compensation insurance. What can you do to recover just compensation for your work-related injury? To answer that question, below are the three possible remedies you can consider in the event that you sustain a form of injury while rendering your job’s duties and your employer doesn’t carry workers’ compensation insurance:
File A Personal Injury Lawsuit
Generally, when your employer doesn’t have workers’ compensation insurance, you can file a personal injury lawsuit in court to get compensated for your injury.
A personal injury lawsuit refers to a legal action allowing an injured victim to get paid for the losses they’ve incurred because of the negligence of another party (in this case, the employer). Thus, if you were hurt at work due to your employer’s negligent acts, you may have a legal ground to bring an injury lawsuit against your employer.
In case you’re planning to bring up a case against the alleged infractions of your boss, you can seek help from professional and seasoned lawyers from www.ksa-atty.com and other online law firms.
Moreover, unlike in the workers’ compensation insurance, a personal injury lawsuit allows you to be compensated for the non-economic losses you sustained due to a workplace accident. The indemnity you can get isn’t only limited to the economic damages. It may also include payment for losses which is difficult to quantify. Essentially, some common losses that can be recovered can consist of:
Lost income and capacity to earn;
Pain and suffering;
Emotional distress; and
Loss of enjoyment in life and other similar situations.
Yet like in the workers’ compensation claims, filing a personal injury lawsuit still requires you to prove that your injury occurred in the workplace because of another person’s carelessness. Because of this, it’s best to hire a dedicated attorney to help you out in your quest for justice. They can help you gather valuable pieces of evidence that can support your case. These can include:
Photos of the accident scene and injuries; and
Witness testimonies and other relevant documentation.
Obtain Compensation From Your State’s Uninsured Employers’ Funds
Aside from instituting a personal injury lawsuit, there are other ways to get compensated for your work-related injury even without your employer’s workers’ comp insurance coverage.
It’s said that a number of state governments allocate special funds for injured individuals while rendering services for an uninsured employer. They’re commonly referred to as ‘uninsured employers’ funds. Mostly, each one may only cover a limited number of injuries depending on the legislation present in each locality. Benefits may also vary.
Suppose the said fund covers your injury. In that case, you may receive compensation for your medical expenses or specific payment for the lost wages you’ve incurred due to your inability to work for a certain amount of time. If you want to know more about these funds, talk to a legal professional so they can explain how you can seek compensation for your work injury. Non-profit workers’ rights groups may also lend you a hand.
Submit A Short-Term Disability Insurance Claim
Many states require employers operating within their borders to carry short-term disability insurance. Thus, if you’ve been injured at work and need to take some time off for a few days, you can file a short-term disability claim against your employer’s insurance company for compensation. In doing so, you can receive partial pay replacement benefits to cover those days you can’t work because of the injury you’ve sustained.
Nevertheless, you must remember that the rules on eligibility for short-term disability insurance programs may be different from one state to another. As such, you need to talk to a trustworthy lawyer to know if filing a short-term disability insurance claim can be a good remedy when your employer has no workers’ comp insurance.
Typically, the workers’ compensation insurance program can only work best for injured employees if your employer has coverage. But, if your employer is uninsured, you may find financial and physical recovery from your injury almost impossible. Nonetheless, getting compensated for all the losses you’ve sustained because of a workplace injury doesn’t only rely upon your employer’s workers’ comp insurance program.
Even if they don’t have one, you can still receive the compensation you deserve through the aforementioned remedies. Just make sure to seek legal help soon as possible. A dedicated lawyer can advise you about viable options you can consider, fill out the claims forms correctly, deal with the insurance companies, and represent you in court, if necessary. With your attorney at your side, you can get paid for your injury in the fastest time possible.
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