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

Aug 23, 2016
by Adler Markoff & Associates

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

    In the majority of states across the United States, employers are required to have workers’ compensation insurance in order to cover any injuries suffered by their employees on the job. Regardless of what industry you work in, it is expected that your employer carries workers’ compensation as a precaution in case you as an employee is injured. If your employer does not have workers’ compensation and you are injured at work, it could cause serious problems for both the employer and employee. The laws pertaining to workers’ compensation vary from state to state, but it is a general rule that businesses with at least three employees – whether part-time or full-time – carry workers’ compensation insurance.

    Failure to have workers’ compensation coverage can have serious repercussions for the company, including putting them at risk of being shut down in the event an employee is injured and cannot be compensated for the injury. There are also hefty fines associated with failure to have workers’ compensation, ranging anywhere from $50 to $100 per day.

    As an employee, it may behoove you to understand your rights, should your employer not have workers’ compensation insurance and you are injured at work. Unfortunately, some employers make the argument that they do not have to carry workers’ compensation insurance because they do not have actual permanent employees, but independent contractors, instead. Due to the complicated nature of these types of cases, it is important you understand the laws in your state and consult a knowledgeable workers’ compensation attorney right away.

    What Legal Actions Can I Take Against My Employer?

    If you ever sustain an injury on the job – no matter how minor or serious – it is important that you seek medical attention immediately. Once you have been assessed by a medical professional and your injuries have been stabilized, you should notify your employer of your injury and file a claim for workers’ compensation benefits. If your employer does not carry workers’ compensation insurance, this is when things can become complicated and you should retain the services of an attorney.

    According to state law, injured workers in Oklahoma can file a personal injury lawsuit against their employer if they do not have workers’ compensation insurance. Workers’ compensation is what they refer to as a “no fault system”, meaning workers have the right to recover benefits, regardless of who was at fault for the accident that led to their injury. This means that, whether or not an employer has workers’ compensation insurance or not, the injured employee has the legal obligation to receive some sort of compensation or benefits for their injury.

    If your employer claims they do not carry workers’ compensation coverage and you have been injured, chances are they are still responsible for paying for your medical bills and any other damages suffered. What this means is that you have the legal right to file a lawsuit against your employer in order to get the coverage you deserve, allowing you to recover from your injuries and get back to work as soon as possible.

    Again, these types of cases are inherently complicated, which is why it is important that you have a knowledgeable workers’ compensation attorney by your side. To learn more about the laws in Oklahoma pertaining to the failure of employers to carry workers’ compensation and what this means if you are injured at work, please contact AMA Law today.

    Request a free consultation

    (405) 607-8757