Workers Compensation Insurance: Employer Has None

When employees are injured at work, they can get compensated for their medical treatment and obtain many other benefits, like lost wage replacement when they’re away from work due to their injuries. But, they must go through their state’s workers’ compensation system.

Most employers are legally directed to get workers’ compensation insurance. But in case your employer doesn’t have coverage, you can still get compensation for all types of work-related injury or illness, either directly from your employer’s insurance company or through the state workers’ comp agency.

Workplace injuries can influence employees and the companies they work for. Therefore, some systems protect both parties in case an accident arises due to negligence and safety risks. But some employers fail to offer workers’ compensation insurance regardless of their legal necessity to do so under their state law.

The best option for you at this point would be to contact reliable Charlotte workers’ compensation attorneys from the 1Charlotte Law Firm to handle your case for you. But before we go there, let’s take a deep dive into the topic at hand – what if you’re injured at the workplace but your employer has no worker’s compensation insurance coverage?

Do Employers Have to Have Workers’ Comp Insurance?

In almost every U.S. state, employers must carry workers’ compensation insurance. They must acquire compensation either through a third-party insurance provider or a self-insured system established by the employer.

In most states, employers must obtain workers’ comp insurance even when they hire just one employee. While in other states, employers only need insurance when they hire a certain number of employees, generally between two and five.

But if your employer doesn’t have this insurance, most state laws will allow employees to sue their employers in court based on a personal injury claim.

Who Must Obtain Workers’ Compensation Insurance in Charlotte?

According to regulations, employers hiring three or more employees must protect them through workers’ compensation insurance. Workers’ compensation insurance certifies that in case an accident happens during the span of a worker’s employment, work-related physical injuries or illness will be covered by the workers’ compensation coverage of the employer.

The employers who must purchase workers’ compensation insurance include:

  • Limited liability companies
  • Solo proprietors
  • Huge corporations

Specific individuals, like sole proprietors and members of LLCs, are not automatically considered employees. One exception for securing workers’ compensation insurance is if the employer authorizes it as self-insured for reimbursing workers’ compensation employee privileges.

How can I Find Out If My Employer Carries Workers’ Comp Insurance?

Although employers are obliged to acquire suitable workers’ compensation insurance, some do not comply. Just because employers are required to buy workers’ compensation insurance doesn’t mean they will do. It may be difficult to believe, but some employers prefer to disregard the law, while others forget to renew their coverage.

You may recall getting a lot of information about the workers’ compensation benefits during the hiring process or you may have noticed the posters on the wall in the room of your employer declaring the name of your workers’ compensation provider.

However, the best way to ascertain coverage is to visit the Workers Compensation Insurance Rating Bureau (WCIRB) website. In most cases, by simply typing your employer’s name in the search tool, you can verify coverage. You can also call or email the WCIRB for verification.

What To Do If An Employer Doesn’t Have Workers’ Compensation Insurance?

If your employer doesn’t have coverage for your work-related injuries, you have two choices:

  • To file a personal injury lawsuit against your employer
  • A workers’ comp claim with an uninsured employer’s fund

Injured employees normally can’t sue their insured employers in court because of their work-related injuries. But, there’s an exception in case the employers didn’t acquire any workers’ compensation insurance. Simultaneously, many states have designated special funds that deliver conventional workers’ comp privileges to injured employees working for uninsured employers.

If the above-mentioned choices are allowed in your state, you can choose your course of action. You should completely comprehend the differences between personal injury lawsuits and workers’ comp claims before making a decision. Plus, you should consider the advantages and risks involved with each option.

Take Proper Legal Action To Be Compensated For Your Losses

Despite the time, money, and resources mandated to file a lawsuit, it might be the best choice to recover your losses and consider the employer responsible for your injuries.

In addition, the compensation you obtain after a lawsuit might be higher than what you might have received through a workers’ compensation claim. So it’s best to hire a personal injury attorney and take the proper legal action against an employer who has failed to offer the workers’ compensation insurance you deserve.

Workers’ compensation can only provide injured workers with a specific percentage of their lost wages with full coverage of medical treatment expenses. A personal injury lawsuit can help qualify you for compensation for lost wages, medical treatment bills, and punitive damages. Moreover, you can also obtain coverage for your pain and suffering during and after the accident.

Charlotte workers’ compensation attorneys can help specify the ideal strategy for your case. You must understand the process for filing a lawsuit and ensuring you get the maximum compensation rewarded to you.

Employers who fail to get proper workers’ insurance may be subject to fines and other penalties. In case they are sued by injured employees, the employers are forced to pay additional damages.

The suitable legal procedure will offer you the compensation you require to recuperate from your injuries, transform your quality of life, and defend the economic well-being of you and your family.

Who Will Pay Benefits When The Employer Can’t?

Most minor employers who are uninsured don’t have the funds to pay workers’ compensation benefits themselves. The expenses for even a minor claim can reach $20,000 to $30,000.

Some worker compensation agencies like the Uninsured Employers Benefits Trust Fund (UEBTF) were developed to confirm that workers employed by illegally uninsured employers can obtain workers’ compensation privileges.

These agencies are not insurance companies. It is a state agency possessing enough funds to pay coverage to injured workers.

If the employee is paid coverage by the state agencies before a personal injury lawsuit, they must pay back after recovering compensation in the case. Injured workers cannot claim penalties against state compensation agencies. If the benefits allocated by an insurance company are delayed, the injured worker can receive a fine of up to 25%.

Let Our Qualified Charlotte Personal Injury Attorneys Help

When your employer doesn’t possess workers’ comp insurance coverage, getting compensation benefits after suffering a work-related injury can be confusing. Therefore, you should consider consulting Charlotte personal injury attorneys from the 1Charlotte Law Firm. Reach out to us for help when you realize your employer doesn’t have workers’ comp insurance. Representation from our attorneys will help you understand a situation you’ve never encountered.

Don’t delay things any further, contact us now for legal representation and more!

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