Your employer has an obligation to provide a safe and secure workplace. However, sometimes workplace injuries occur. How should you proceed if you are injured on the job, and your company does not possess workers’ comp insurance?
Are Employers Required to Have Workers’ Comp Insurance?
Generally, most employers are required to carry workers’ compensation insurance. Businesses that fail to obtain mandatory coverage may face fines, lawsuits, and even criminal charges.
Workers’ compensation insurance provides benefits to workers that become ill or are injured as a result of their job. Insurance may cover medical expenses, lost wages, ongoing care costs, funeral expenses, and more. Some employees choose to (sometimes illegally) opt out of workers’ comp insurance due to the cost, but having workers’ comp insurance protects employers from having to pay enormous fees for lawsuits and penalties later on.
All employers in Kentucky are required by law to carry workers compensation insurance, regardless of employee status, or they are required to be qualified as self-insured. The employer must also post a notice stating the name of its workers compensation insurance carrier. Exceptions include sole proprietors, partners, and LLC members, farm workers, domestic workers in a home with fewer than two full-time employees, independent contractors, and employees protected by federal laws such as railroad and maritime workers.
All employees must be covered, with the exception of sole proprietors, partners and LLC members, corporate officers, independent contractors, and licensed real estate agents. Independent contractors in the building and construction trades must be certified with the Indiana Worker’s Compensation Board. Independent contractors’ injuries are not covered by workers’ compensation.
You Have Rights.
If you’ve been injured on the job and your employer doesn’t carry workers’ comp insurance, seek legal representation as soon as possible. A lawyer can help you get the financial settlement you deserve whether inside or outside the workers’ comp system. The attorneys at Kaiman & Crahan offer a free consultation and charge no fee unless you win your case.
Since you cannot file a workers’ compensation claim, you can instead file a personal injury claim against your employer. This means that you can still recover compensation for your injuries, but the process for recovering the compensation looks a lot different.
Injured employees who file personal injury claims may be able to get compensation for any current or future medical expenses, lost wages from not being able to work, and pain and suffering. Whereas there are limits on how much compensation injured workers can recover within the workers’ compensation system, these limits do not apply in personal injury cases.
The legal consequences employers can face for not securing legally required coverage are steep. They may be ordered to pay substantial fines of up to $1,000 per day. If the employer is reported for not having coverage on more than two occasions, the Workers’ Compensation Commission can also order the employer to cease all business operations until the employer signs up for insurance. Seeing how severe these penalties are, it makes sense that most employers choose to secure coverage for their employees instead of dealing with these consequences.
Hire an Experienced Attorney.
If you were injured in an on-the-job accident and your company doesn’t have workers’ comp, remember that you have rights and you deserve to get compensation. The skilled team at Kaiman & Crahan will make the process of applying for workers’ compensation benefits as stress-free as possible so you can focus solely on recovering from your injuries. Call our office at 502-771-0741 or complete this simple form today to discuss your situation in further detail.