Barring unusual facts or circumstances, workers who suffer an injury in the workplace or in the scope of their duties as an employee can expect to be eligible for workers’ compensation. Of course, this assumes that the employer of the employee carries workers’ compensation insurance that helps injured workers receive this compensation.
In some instances, injured workers may be surprised to learn that the employer actually has no workers’ compensation insurance at all. Here is a closer look at your rights as an employee if the employer lacks workers’ compensation insurance.
Most Employers Are Required to Carry Workers’ Compensation Insurance by State Law
It is important to understand that, as a legal matter, workers’ compensation is based on a legal idea known as "no-fault." The idea of no-fault is simply that all injured workers will generally be entitled to receive workers’ compensation for a job-related injury. There are exceptions only in extreme circumstances, such as when a job-related injury occurs after the employee broke a law or suffered the injuries while under the influence of drugs.
In most cases, however, you will be eligible for workers’ compensation as outlined by the laws of your state. The vast majority of states legally require employers to carry workers’ compensation insurance that covers work-related injuries suffered by employees. In fact, not complying with this requirement can even lead to criminal charges and jail time for employers that do not have workers’ compensation insurance in states like California.
There are notable exceptions, however, such as Texas. In Texas, workers’ compensation insurance is actually optional for most employers, but even then, construction companies who contract with the government are required to have workers’ compensation in Texas.
As such, it is important to first look to the law of your state to see if you are entitled to workers’ compensation. If you are entitled to workers’ compensation and your employer violated those rights, you should then consider your legal options.
You May Be Able to File a Civil Lawsuit Against Your Employer to Receive the Workers’ Compensation You Deserve
If your employer is not compliant with state law and is not carrying workers’ compensation insurance as required, one option to receive the compensation you are owed is to file a civil lawsuit against the employer. In doing so, you can then recover damages that will pay for your work-related injury after discussing your legal claim with a workers’ compensation lawyer.
At The Ledger Law Firm, we protect the rights of injured workers when employees violate state law and do not carry workers’ compensation insurance. We will help you navigate the civil court system and the process of litigating a civil dispute related to compensation that is owed for a workplace injury.
With our help, you may be eligible to receive compensation for:
- Lost wages
- Lost earnings
- Medical bills
- Pain and suffering
In addition, you may be able to obtain additional compensation that punishes the employer for their wrongdoing if their noncompliance or malicious conduct caused or worsened the harms you suffered.
For more information about your rights to legal compensation after a workplace injury, contact us online to discuss your legal claim with a Ledger Law workers’ compensation attorney today.