Workers compensation insurance is an important safety net for American workers. But what happens if you are injured in a work-related accident but you aren't protected by that safety net? The answer is complex, but you have several avenues to get the treatment and compensation you deserve.
Here are a few of these options to consider, depending on your specific situation.
1. Notify State Agencies
In most states, nearly all employers are required to purchase workers compensation insurance. However, some exceptions exist. In Mississippi, for example, the business is exempt if it has fewer than five employees.
These rules are overseen by a state agency. If you believe that your employer has violated your state's law, you can generally request assistance directly from the oversight agency.
2. Sue Your Employer
In many cases, an employer who has violated the law regarding workers compensation becomes liable to pay what you would have received through workers compensation benefits. This is a longer process, of course, as you must pursue damages through the personal injury law system.
Keep in mind, too, that if your employer cannot pay, the state may operate a fund to help uninsured employees.
3. Look for Other Parties
Some workplace accidents can be traced back to more than just your employer's negligence. That means other parties may be financially liable outside the strict workers compensation system.
For instance, a delivery driver who is injured on a customer's broken stairs may be able to put in a claim against their homeowners insurance. If your employer rents their location, the landlord might be responsible for failure to provide a safe environment. These avenues can help you find financial compensation.
4. Appeal Misclassification
Finally, did your employer fail to provide workers comp because they classify you as an independent contractor rather than an employee? You may be able to get retroactive coverage if you fit the standards for an employee rather than a contractor. This is because the employer cannot decide whether or not a person is an employee — they must abide by specific guidelines.
Where to Start
No matter why you were told that you aren't covered after an accident, the best place to begin is talking to an experienced workers compensation lawyer in your state. With their help, you'll leave no stone unturned when it comes to getting what you need and deserve.
Make an appointment with a workers compensation lawyer to learn more about your case.
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