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What if my employer does not have workers’ compensation insurance?

With some exceptions, employers with at least 3 employees are required to carry workers’ compensation insurance.  The question arises  – what do I do if my employer does not have workers’ compensation insurance?  First, if the employer does not fall within the few exceptions, you can still file a claim under workers’ comp and that employer will still be liable.  The problem, however, that often arises is collecting from that uninsured employer.  Often, we can collect a judgment against the employer, but if the employer does not have assets, it may be difficult to collect.

Often, however,  your workers’ compensation lawyer can persuade uninsured employers to settle these claims.  The State Board of Workers’ Compensation has an enforcement unit to investigate employers who do not carry insurance.  These employers, if forced before an administrative law judge, can be forced to pay civil penalties up to $10,000.00 to the State Board in addition to penalties to the claimant filing the claim.  This threat will often persuade the employer to settle these claims.

If you have been injured at work,  you should contact a workers’ compensation lawyer asap regardless if your employer has insurance.  At the Law Offices of Laura Lanzisera, we know how to handle these claims.

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