My Employer Doesn’t Carry Worker’s Comp Insurance. What Are My Options?January 22, 2019
There is no federal law which requires employers to carry workers compensation insurance. As such, states are left to make this decision from themselves whether they require their employers to acquire it. Depending on what state an employee works and lives in they may have to look to other sources if they are injured on the job.
Workers compensation coverage requirements will differ from state to state. For example, in California, all employers are required by state law to acquire workers compensation insurance. In other states, the onus is on the employer to decide how they will protect their employees if they were to get injured on the job. For example, the employer can choose to purchase private workers compensation insurance or they can choose to be self-insured. Regardless, they must comply with the states respective guidelines and filing processes to show that they have established a system in which their employees will be protected. Some states, require only that employers who have more than a certain number of employees have workers compensation insurance. For example, a certain state may require all employers with more than 15 employees to have active workers compensation insurance at all times.
Finally, in certain states, there is no mandatory requirement whatsoever that requires employers to carry workers compensation insurance. This creates a difficult situation for employees who are looking for assistance on medical bills for injuries that they suffered on the job. Though the employer is not required to have workers compensation insurance, the employee can still request the employer to personal provide them with assistance with what they are paying to recover from their injuries.
What Steps Can I Take if The State I Am Employed in Does Not Mandate Employers To Have Workers Compensation Insurance?
Just because a certain state does not require its employers to have workers compensation insurance does not mean that their employees are left to bear the full burden of their injuries. If you are an employee who is in this situation, there are some steps you can take.
It may be a good idea at this point to seek out an attorney who has experience in workers compensation. Depending on the state you work in, there are many tools that can help someone going through a work place injury. Unfortunately, many people aren’t aware of these tools or how to access them.
For example, some states have government funds that are in place to help those going through workplace injuries. These funds are generally in place in states where there is no mandatory workers compensation insurance requirement. Nonetheless, many people are unaware of these funds. Further, these funds generally have very specific filing requirements that require extensive documentation. This is something an experienced workers compensation attorney can assist you with.
Another attorney suggestion would be for the employee to seek immediate medical attention. Obviously, depending on the severity of the injury, seeking medical attention is an important step for the employees wellbeing. In terms of the law though, it is important to seek medical attention in order to have the injury treated as well. One of the reasons seeking medical attention is important in terms of the law is because it creates a paper trail. Upon visiting a doctor, documents will be creating showing the severity of your injury, the diagnoses, as well as, what steps are to be taken to help you recover. These documents can play very important role if any future legal claim is to be pursued.
If you feel as though you may have a workers compensation claim you should consider finding a workers compensation attorney. As discussed above, there are many available resources that are complex to find. There are strict regulations governing the process for filing workers compensation claims and attaining available resources. Furthermore, there are strict time restrictions, known as statute of limitations, as to when a lawsuit can be filed. The experienced attorneys at Shegerian Conniff are ready to help, fight for your legal rights, and seek justice. Click here to contact us today or call us at 310-322-7500 for a free consultation.