What If My Employer Doesn’t Have Workers’ Comp?

Employer Has No Workers’ Comp | Bloom Law Office, West New York

What If My Employer Doesn’t Have Workers’ Comp?

In almost every situation, if you’re an employee then your employer is legally required to have workers’ comp to cover injuries related to work. However, sometimes clients come to Bloom Law Office because it turns out their employer doesn’t have workers’ comp insurance. The first step is determining if your employer is legally required to carry workers’ comp for you.

Employers Not Always Required To Have Workers’ Comp

There are some situations where your employer might not be required to have workers’ comp for you. The most common is if you’re not an employee, but a contractor. In this case, you don’t have an “employer,” so the person you’re working for is a client. Being a contractor or freelancer comes with some risks, including not being covered via workers’ comp. In some states, an employer is not required to carry workers’ comp if they only have a few employees (typically fewer than five).

Personal Injury Claim To The Rescue

The good news is that if you sustain a work-related injury and your employer does not have workers’ comp, you can sue your employer via a personal injury claim. One of the benefits to an employer who has workers’ comp is that, if utilized, the employee is not allowed to sue the company. A personal injury claim can include just about anything related to the injury, including full “damages,” without any cap. This can include pain and suffering, wages lost, punitive damages, and attorney fees.

However, there are also some potential issues with a lawsuit. It’s often a lot slower than a workers’ comp claim. When a workers’ comp claim is correctly filed (ideally by a workers’ comp attorney), you can start receiving benefits in just a few weeks. With a lawsuit, it can take months or years before you may receive benefits. Plus, remember that workers’ comp is a no-fault system. If you sue for personal injuries, you’ll have to prove that your employer was at fault.

Injured On The Job? Contact Bloom Law Office Today

If you get injured on the job, the first step is determining if you have workers’ comp coverage, and working with a workers’ comp attorney to quickly and correctly file the necessary paperwork. Call Bloom Law Office at 855-208-3650 to schedule your workers’ comp consultation, and keep in mind that we don’t get paid until you do.