Workers’ Comp

What Happens When Your Employer Doesn’t Have Workers’ Comp

Workers’ compensation insurance exists so that if and when an employee is injured while on the job while performing their job duties, their medical expenses and lost wages are covered. Besides Texas, every state requires that employers of a certain size to carry workers’ compensation insurance. They can generally get third-party workers’ compensation insurance or set up a self-insured plan. Some states require an employer to take out worker’s comp insurance when they hire just one employee while other states don’t require it until they’ve hired up to five.

What do you do if you work for a small company and your employer doesn’t have workers’ compensation insurance? You’d essentially have to sue them in court. There are benefits to this, however—read about these and other expectations below.

Benefits of Suing Your Employer in Court

While it can be uncomfortable to sue your employer for worker’s compensation in court, it may be necessary to cover your many medical expenses—and frankly, there are upsides to suing in court rather than going through the workers’ comp insurance system. Instead of being subject to an arbitrary cap on the losses established by your state, you can seek the full amount of your losses by suing in court. States generally limit your wage loss compensation to two-thirds of what you would have otherwise earned, and they add another cap to workers’ comp wages beyond that.

Suing in court—with the right lawyer by your side—also allows you to seek damages for the emotional distress you’ve sustained due to your on-the-job injury, as well as punitive damages if your employer’s egregious behavior contributed to your injury. Neither of these types of damages is possible to acquire through the workers’ comp system.

Drawbacks to Suing in Court

As with many other legal processes, suing your employer for workers’ comp in court can be a long and drawn out process. The workers’ comp insurance system will not give you the proper compensation you deserve, but it will generally get it to you in a matter of weeks. It is much better in the long run to get the full compensation you deserve, of course, but it will likely take a little longer, so go into it with your expectations set accordingly. The best way to ensure you get a proper settlement for your injuries is to contact a personal injury and workers’ comp lawyer right away.

Contact Heuser & Heuser Personal Injury Lawyers

The team at Heuser & Heuser deals with worker’s compensation cases every single day. We know that medical bills don’t stop when you’re forced to stop working, and we will advocate for your rights every step of the way. If you need to file a worker’s compensation claim, Heuser & Heuser of Colorado Springs and Pueblo will get you the compensation you deserve by giving you the personal legal attention you need.