If you get injured on the job, you expect workers’ compensation to pay for your medical bills and help cover lost income from your time away from work. The system is supposed to be simple and easy, but if your employer doesn’t have the required workers’ compensation insurance, things can get complicated and stressful very fast.
Fortunately, if your employer lacks workers’ compensation coverage, you’re still entitled to benefits and have legal options to pursue them. On this page, the experienced workers’ compensation lawyers at Rob Levine Law will explain what happens when employers don’t have legally required workers’ comp insurance and what you can do in response.
What Does It Mean If My Employer Doesn’t Have Workers' Compensation Coverage?
Massachusetts and Rhode Island require most employers to purchase workers’ compensation insurance to cover employees for work-related injuries and illnesses. Workers’ compensation is a no-fault system that provides health care and wage-replacement benefits regardless of who is to blame, in exchange for waiving the right to sue the employer. While it’s illegal not to maintain workers’ compensation insurance, some employers still attempt to cut corners and get away with it.
Without workers’ comp coverage, your employer becomes directly responsible for 100% of your medical costs and lost wages, and is exposed to liability via a civil lawsuit without the protection provided by that insurance. They may also face legal consequences: Massachusetts can issue a Stop Work Order immediately, and Rhode Island may prosecute failure to hold workers’ compensation coverage as a felony.
Am I Still Entitled to Compensation if My Employer Doesn’t Have Workers' Compensation?
Yes, you are entitled to workers’ compensation benefits regardless of whether your employer has the legally required insurance.
Workers’ compensation laws generally prevent you from suing your employer directly if they have obtained coverage. However, if the employer fails to procure the required coverage, you may be eligible to file a personal injury lawsuit to pursue compensation for the full range of your losses. Thus, in addition to lost wages and medical expenses, you can also seek damages for pain and suffering, which standard workers’ comp benefits don’t cover.
In addition, some states established funds to provide benefits to injured workers whose employers lack workers’ compensation insurance coverage. In Rhode Island, you can pursue compensation through the Uninsured Protection Fund. If you were injured or sickened on the job in Massachusetts, you can file a claim with the Workers’ Compensation Trust Fund.
As in any other workplace injury case, you can also pursue a lawsuit against a third party that contributed to the accident, such as a contractor, building owner, reckless driver, or manufacturer of defective equipment.
Note, however, that you generally cannot recover the same damages twice. If you receive workers’ compensation benefits and later secure a personal injury settlement or judgment, the workers’ compensation insurer may be entitled to reimbursement for the benefits it paid, known as an offset.
How Can I Prove My Injury if My Employer Doesn’t Have Workers' Compensation Coverage?
An employer that refuses to obtain workers’ comp insurance is also likely to willingly violate reporting requirements for workplace injuries. Thus, you’ll likely need to report your injury on your own and gather evidence to prove it. The first thing you should do is preserve proof of your employment, such as pay stubs, communications, or an employment agreement.
Take photos of the accident scene or preserve any that exist, especially if they show defective equipment, unsafe conditions, or other hazards that led to your injuries. Request and save any relevant medical records from the providers who treated you after the accident. Generating a paper trail of your lost wages, medical bills, and treatment will support your bid for compensation.
To file a claim in Massachusetts, you must submit Form 110 Employee’s Claim with the Department of Industrial Accidents. In Rhode Island, you must file an Employee’s Petition with the Workers’ Compensation Court.
How Can I Get Help If My Employer Doesn’t Have Workers' Compensation Coverage?
If your employer doesn’t have workers’ comp insurance, a knowledgeable attorney can help you get the benefits you deserve and pursue legal action to maximize your compensation. Your lawyer can explain what you’ll need to do next to move your claim forward, whether you’re eligible to file a lawsuit against your employer, and if there’s potential for third-party litigation as well.
The Rob Levine Law team is committed to advocating for those in need. Our experienced workers’ compensation lawyers are available 24/7 to take your call and answer your questions. With our Fee Free Guarantee®, you won’t owe us anything unless you win your case.
Over more than 25 years of practicing law, we’ve recovered over $2 billion in injury compensation and disability benefits for clients like you, including significant workers’ compensation case results.
Contact the Workers’ Compensation Lawyers at Rob Levine Law Today
If you’ve been hurt on the job and your employer doesn’t have workers’ compensation coverage, our team is ready to help you get the benefits you deserve and hold your employer accountable.
Contact us online or call (800) 742-3920 today for a free consultation.
For more information on workers’ compensation, visit our FAQs page.
