What if My Employer Does Not Have Workers’ Compensation Insurance?
Workers’ compensation is a critical safety net for employees who suffer work-related injuries and illnesses. It offers financial support for injured or ill employees while they recover. Workers who suffer work-related injuries or illnesses are entitled to medical, wage replacement, and vocational rehabilitation benefits. According to Vermont workers’ compensation law, all employers with at least one full-time or part-time employee in Vermont are required to buy workers’ compensation insurance. However, not all employers comply with this legal obligation.
If your employer does not have workers’ compensation insurance, you may wonder what legal options are available in the event you sustain a work-related injury or illness. If your employer doesn’t have workers’ compensation, you may face difficulties after suffering a work-related injury or illness. However, options are still available to safeguard your rights and obtain the compensation you deserve.
What Options Are Available if Your Employer Does Not Have Workers’ Compensation?
After suffering a work-related injury or illness, knowing that your employer’s workers’ compensation insurance will take care of your medical expenses and compensate you for a portion of your lost wages is comforting. But what if your employer does not have workers’ compensation insurance? If your employer does not have workers’ compensation insurance, it does not mean that you cannot recover compensation. You can still pursue compensation through other avenues. It is vital to consult an experienced attorney in such a case. An attorney can help you evaluate your legal options. They can guide you through the complex process of recovering compensation through other avenues.
So, what are your options if your employer does not have workers’ compensation insurance? If you suffer a work-related injury or illness and your employer does not have workers’ compensation insurance, below is what you can do;
Pursue a Civil Lawsuit
When an employer has workers’ compensation insurance, an employee is limited to filing only a workers’ compensation claim. With the workers’ compensation system, employees give up their right to sue their employer in exchange for guaranteed benefits, regardless of fault. If your employer does not have workers’ compensation, they are not protected from lawsuits. You can file a personal injury claim against your employer. However, in such a claim, you must prove that your employer’s negligence caused your injury or illness. This entails showing that your employer breached their duty of care and that breach directly resulted in your injury or illness. If you succeed in a personal injury claim, you may recover compensation for medical expenses, lost wages, pain and suffering, and more.
You can also file a personal injury claim against another third party (other than your employer), such as a contractor or manufacturer, whose negligence caused your injury or illness.
File a Claim With the State
If your employer does not have workers’ compensation, you may also have the option of filing a claim with the state. Consult a skilled attorney who can help you determine if you can file a claim with the state and seek compensation for your injury or illness.
Contact a Vermont Workers’ Compensation Attorney
If you’ve suffered a work-related injury or illness and have questions about your legal rights, contact our skilled Vermont workers’ compensation attorney at Sluka Law PLC.
Source:
labor.vermont.gov/sites/labor/files/doc_library/A-Guide-for-Vermont-Business-Owners.pdf
