When you’re hurt on the job, you should be able to rely on workers’ compensation. This coverage is generally carried by employers so that their employees have health care coverage and certain benefits open to them if they get hurt while at work.
The trouble happens when an employer doesn’t carry the appropriate insurance coverage. If that happens, you’ll have two primary options. One is to file a workers’ compensation claim with the uninsured employer’s fund. Another is to file a personal injury lawsuit against your employer.
You should be aware that your employer can get into deep trouble for not carrying workers’ compensation if they are required to do so. Additionally, if they aren’t carrying insurance, then you can sue them in court.
The purpose of workers’ compensation, from an employer’s perspective, is to reduce their liability in the case of injuries. If they carry workers’ compensation, then you can pursue a claim through the carrier. The carrier takes care of medical costs, lost wages and other financial losses you suffer.
On the other hand, if your employer doesn’t carry workers’ compensation, then they’re on the hook for everything from your medical care to your lost wages.
If your employer doesn’t have the insurance they’re meant to have, then you’re in a position to file a lawsuit. You may want to speak with your attorney about the uninsured employer’s fund versus the use of a personal injury lawsuit, so you can decide which one is better suited to your situation and how you would like to move forward with your case.