Olesko Law Firm

Injured at Work: What to Do When Your Employer Doesn’t Have Workers’ Compensation

If you are injured at work or while conducting a work-related task, then you may be entitled to workers’ compensation. That is, of course, if your employer opts into workers’ compensation. In states that offer a workers’ compensation program, employers have options. They can choose to opt into the state’s coverage or they can purchase workers’ compensation coverage from a different provider. If your employer did not purchase workers’ compensation coverage, this does not mean that your employer is not liable for workplace-related injuries. Liability remains the same, but what you do in response to your injury may change.


Do You Deserve Compensation?


How do you know if you deserve compensation? When you are at work or performing duties for your job, then your employer is liable. For instance, if you suffer repetitive injuries or back injuries due to heavy lifting, then this is an injury that the company may be liable for. The exceptions to this rule are when you are negligent. If you are under the influence of drugs or alcohol or if you completely disregard your training and knowingly behave in a way that you know is likely to result in an injury, then your employer may not be liable.


Injuries that are owed compensation normally include injuries with medical bills associated with them. Additionally, if you had to take time off of work for an injury or if you have to change positions because of the injury, then you may be entitled to compensation. Of course, a personal injury lawyer can help you determine how much of a case you have.


How Can You Obtain Compensation?


If your employer does not have workers’ compensation coverage, you can still file a claim. In cases where an employer has coverage, you would file a workers’ compensation claim. If you have an employer that did not opt into workers’ compensation, however, you would file a personal injury lawsuit against the business or the employer. When a company has coverage, you cannot normally file a personal injury lawsuit. The coverage is supposed to protect the employees and protect the employer from lawsuits.


Without coverage, you would still record your injury. It is just as important that you file a claim as soon as possible. The earlier that you file a claim, the more likely you are to be successful with your case. If you’ve suffered an injury at work, consult with a personal injury lawyer in Washington, DC, like from Cohen & Cohen, as soon as possible for more information!

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