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Attorney Pepper DeVaughn

What Happens When Your Employer Doesn’t Have Workers’ Comp?

When you’re injured at work, you’re supposed to have options. Your employer is supposed to be able to cover the damages so that you can go through rehabilitation and recovery without having to worry about paying your bills. Unfortunately, some employers don’t carry workers’ compensation, and for many employees this can be a real problem. Learn what happens when your employer doesn’t have workers’ comp, what your options are, and how an attorney can help you get covered.

Workers’ Comp and the Law

The first thing you need to understand is that most employers are required by law to carry workers’ comp, except in the state of Texas. Only very small businesses with less than five employees total can get away without it. This means that unless your employer is an incredibly small startup, they are breaking the law by not carrying workers’ compensation. This situation can carry grave consequences for those who don’t obey the law.

Multiple Injury Trust Fund

There are options to gain some coverage to help with your injuries through the state. Most states have some sort of fund to handle situations where an employer doesn’t carry the legally required insurance. In Oklahoma this is the Multiple Injury Trust Fund. This may be your first step in getting on the road to recovery. It may require reporting your employer for not fulfilling their legal obligations when you apply for help.

Filing Suit

If your employer tells you they don’t have workers’ compensation insurance, they are still liable under the law to cover your injuries from workplace accidents. If they refuse to do so, you can file a lawsuit to force them to pay. You may even get more through the suit than you would from workers’ compensation. You can sue for the full costs of the damages you suffered, including possible pain and suffering, emotional distress, loss of relationships and even punitive damages if the employer’s actions or gross negligence contributed directly to your accident.

Hiring an Attorney

Obtaining coverage for your injuries so you can get well should be an easy process but unfortunately, it often is not. If you have been injured at work and discover that your employer doesn’t carry workers’ compensation, the very first thing you should do is seek the services of a qualified workers’ compensation attorney.

An attorney will be able to stand by your side, help you avoid pitfalls, and take all of the right actions to ensure that you not only get covered for your injuries, but that your employer is held accountable for not abiding by their legal obligations. Lawyers who specialize in this area have a world of experience in dealing with similar cases, and can make sure that no matter what happens, your rights are protected.

If you have suffered an accident at work resulting in serious injury and you need help recovering compensation for the damages, don’t wait. Read over our workers’ compensation services, and give us a call for a no-obligation consultation today.

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