The average American spends about 90,000 hours at work, which equates to about a third of their life. Because another third is associated with sleeping, the chances of getting injured while at work are likely higher than you think (depending on your line of work). When people get hurt at work, they rely on workers’ compensation insurance to compensate them for lost wages, medical bills, and other expenses associated with injuries. However, what happens when you learn your employer doesn’t have it?
Anyone in this situation must seek legal guidance immediately because an attorney will protect their rights and interests. Even if you have not encountered this personally, all workers need to know how vital this insurance is. Otherwise, you will realize the potential consequences of having an uninsured employer.
The Basics of Workers’ Compensation
Your employer is legally obligated to have workers’ compensation insurance because it provides their employees with financial and medical benefits when they suffer work-related injuries or illnesses. Essentially, it protects both sides. The employer also benefits from having it because employees—generally—cannot sue their employers for negligence or any other damages resulting from the injury they sustained.
When an Employer Is Uninsured
It is an entirely different situation when you learn that your employer doesn’t have it. Without the safety net of workers’ compensation, the employee is left without the means to cover the high costs they are left to deal with. When an employer is uninsured, they face several consequences.
- The employer can be personally liable for any injuries their employees sustained
- You can file a personal injury lawsuit against your employer to recover damages for medical bills, lost wages, pain and suffering, and other losses.
- Employees also need to recognize that they (and their business) can face reputational damage, which could translate into significant financial repercussions.
The Benefits of Having an Attorney
When you are forced to navigate these complex legal situations, consult with legal counsel who has experience with workers’ compensation insurance. We would also encourage you to find an attorney with trial experience because there is no guarantee that this can get settled out of court. You never want to be in a position where you settle for less than your case is worth because you have an attorney who isn’t confident in their ability to defend you in front of a judge.
When you meet with a personal injury attorney, they will assess all the factors associated with your injury. This is in addition to explaining the extent of your legal rights and guiding you through each phase of the process. Personal injury attorneys will also investigate the accident and collect evidence to support your claim.
After the attorney feels confident they have a strong case, they negotiate with the insurance companies and the employer’s legal counsel. Personal injury attorneys are skilled at determining an appropriate settlement amount and will work toward that number. If it cannot be reached, an experienced trial attorney will take your case to trial if they feel it is in your interest. Sometimes, this may be the only way to secure the compensation you need.
Discover True Representation
At Beaty Legal, PLLC, we have extensive trial experience and pair that with a deep understanding of personal injury law. Additionally, we have firsthand knowledge of how insurance companies operate and negotiate because we used to work for them. Allow our background and legal experience to be your greatest asset at a time when you need it the most. To speak with trusted legal counsel, contact us to set up your free consultation.
