Some types of jobs are inherently more dangerous than others. For example, if you work in construction, your risk of falling or being injured at work is relatively high compared to many other professions.
Regardless of the level of danger inherent to your occupation, however, your employer should have worker’s compensation insurance or worker’s comp.
When an employee is hurt at work, they typically have to go through the state worker’s compensation system for reimbursement for medical treatment. There are other benefits available through worker’s comp, too, like partial wage replacement as they recover from their injuries.
In almost every state in the country, employers have to carry worker’s compensation insurance. An employer might be able to get it through a third-party carrier or through a self-insured program that the employer sets up.
Even with just one employee, most states require employers to have worker’s comp insurance.
Texas is an exception—it’s the only state that lets private employers decide if they want to buy the insurance and be part of the state’s worker’s comp system.
So what happens if your employer doesn’t have this type of insurance?
Filing a Personal Injury Lawsuit
If you work for an employer who doesn’t carry worker’s comp and you do get hurt, you can file a personal injury lawsuit in a lot of cases.
There can be benefits to this scenario. You can seek the full amount for your damages, which are your losses. With worker’s comp, there are caps that are set by law, so in most states, only around two-thirds of a worker’s lost wages are paid in temporary disability benefits. They’re paid only up to an established max amount and for a limited time period.
Another advantage of filing a personal injury lawsuit is that you may have the opportunity to collect damages for pain and suffering, which is the emotional distress stemming from your injuries.
You may even be able to collect punitive damages, meant as a way to punish your employer and prevent further future actions that led to your injuries.
With worker’s comp, the general rule is that an injured employee can’t sue their employer for their injuries. The exception is when the employer doesn’t have insurance, as detailed above.
The Downsides of a Personal Injury Lawsuit
While there are upsides, there are also downsides if you’re hurt working for someone who doesn’t have worker’s comp.
First, it’s a slow process.
You would likely receive worker’s comp benefits in a few weeks, but it can be months or years to recover compensation in a personal injury lawsuit.
Worker’s compensation is also a no-fault system, whereas if you file a personal injury lawsuit, you have to prove your employer was at fault for your accident.
Uninsured Employer’s Fund
Another option that may be available to you if you work for someone without worker’s comp and you’re hurt is a claim with your state’s uninsured employer’s fund. Not every state has one of these funds, but many do.
If you live in a state where it’s both an option to file a personal injury lawsuit, and there’s an uninsured employer’s fund, you have to choose the route you’re going to take. You usually have to pick one or the other.
If the option of an uninsured employer’s fund is available, it might pay your medical bills, and you could potentially get payments for part of your lost wages through the fund.
There are a few states with temporary programs for disability insurance, providing short-term benefits while you can’t work.
How Do You Know If Your Employer Has Worker’s Comp?
You may not know if your employer has this coverage until you’re hurt. When you get hurt at work, you’re supposed to go to your supervisor as soon as you can, and they’ll provide you with information on how to file a claim.
Your employer is responsible for letting its insurance company know about your injury. It’s also up to your employer to give you the paperwork you need to fill out.
If your employer is giving you the run around after your hurt, then you might be able to go online and find information about their insurance coverage through your state’s workers’ comp agency.
If you’re hurt at work, regardless of the specifics, it can be a good idea to talk to a personal injury attorney, but this is especially true if you find out your employer doesn’t have worker’s comp.
The post What If Your Employer Doesn’t Have Worker’s Comp? first appeared on Don Diva Magazine.