What Happens If My Employer Does Not Have Workers Comp Insurance?
When a Washington, DC employer has even one employee, he is required by law to carry Washington DC workers comp. That is meant to protect an employee from work-related injuries and diseases. As a result, if your employer doesn’t have the insurance cover, he is committing a crime.
The employer can get worker’s comp from licensed private insurance companies, or they can be self-insured. That means that if they have a big business, they can insure themselves by submitting a request at the worker’s comp commission. It is quite dangerous to work for an employer that is not protected by workers comp. That puts you at risk of being injured and not getting any compensation.
If you get injuries at work, and your employer is not insured, you have some options. Your Washington, DC attorney can lay them down for you so that you have an idea of what you can do. As a result, having a highly experienced lawyer to represent you is the best move to make.
What If Your Employer Does Not Have Workers Compensation?
It is illegal for an employer who is required to have Washington DC workers comp not to have it. Your employer can be fined up to $5,000 for the first offense or up to a year in jail or both. If your employer is a corporation, then the member responsible for the management of the business is liable for a penalty. He may have to personally pay a fine or serve a jail term or both.
While this law seeks to punish the employer for not having the cover, what can you do if you are injured? When injured at work yet your employer doesn’t have workers comp; it means that you will not receive any compensation. However, your Washington, DC lawyer can help you still get justice for the injuries that you have suffered. That is why it is essential to hire an excellent attorney who can give you your options.
What to Do If You Are Injured, and Your Employer Doesn’t Have Workers Comp and how Washington DC Workers Comp Lawyer helps
If you are injured in an accident at work or have an occupational disease, you have the option of filing a suit against your employer. Although it is a longer process than if he had workers comp, there are some benefits to it.
One advantage is once the court rules in your favor; you can collect the full amount of damages that you suffered. That is usually not the case in Washington DC workers comp since the payments are a percentage of your wages. There is also a cap on how much money you can collect weekly in workers comp, but this doesn’t apply when you sue.
As a result, you have to ensure that your attorney is the best at his job. That guarantees you a strong defense which means that your employer cannot take advantage of you. Your attorney will ensure that he gathers all the proof that the accident happened at the workplace.
Another advantage of filing a lawsuit against your employer is that you can collect emotional damages. You get these payments for the pain and suffering you endured following your Washington, DC accident. You can also seek punitive damages which are meant to punish the employer. In such a case, it is easy for your lawyer to prove neglect since he did not carry workers compensation.
You also have an option of filing a claim with your states uninsured employer fund. That is done by filing with the worker’s comp commission so that you receive compensation while you are unable to work. It is a great option to seek before filing a lawsuit to cover your medical bills. You need to know that these benefits are much less than what you would receive on worker’s comp. That is why you can still sue your employer.
Reach out to Washington DC Workers Comp Attorney for More Information
Workers comp is put in place to protect you if you get injuries at Washington, DC work. However, the situation becomes complicated when your employer isn’t insured. You can have our team at Ashcraft and Gerel LLP talk help you find a way to get the compensation you need. We have been serving for over 50 years so you can trust that we know our stuff. No case is too complicated for us, and that is why you need to call us and let us get started.