ifa company doesnt have workers compensation what kind of lawyer would handle a case

by Aurelia Halvorson 5 min read

If you've been injured on the job and your employer doesn't carry workers' comp insurance, your first call should be to an experienced workers' comp or personal injury lawyer. A lawyer can help you get the financial settlement you deserve whether inside or outside the workers' comp system.

Full Answer

Do I need a workers’ comp lawyer?

Despite the fact that most workers’ comp insurance claims are resolved without an attorney, there are instances when small business owners can benefit from legal counsel: An employee can appeal your insurer’s decision when a workers’ comp claim is rejected. In that case, the employer’s insurance provider will likely appoint an attorney for you.

When to hire a workers comp attorney to evaluate a claim?

Hire a Workers’ Comp Attorney to Evaluate the Claim Even if the employer, their insurer, and The Workers’ Compensation Board are cooperating with you and not denying the claim, you may want to work with an attorney to evaluate the value of your claim and the benefits you’re entitled to.

What does the Workers’ Compensation Insurance Company not want you to know?

Here are 5 things the workers’ compensation insurance company doesn’t want you to know. Once you notify the workers’ compensation insurance company in writing of your accident by filing your Notice of Accident (Form 18), the insurance company has 30 days to accept the claim, deny the claim, or request more time to investigate.

Can you handle a workers'compensation case on your own?

Other times, you may be able to handle the case on your own successfully, particularly if you had a minor injury, your employer acknowledges that it happened on the job, you didn't miss much work, and you don't have any complicating medical issues like preexisting conditions.

What if my employer does not have workers compensation insurance Texas?

Texas does not require most private employers to have workers' compensation insurance coverage. Employers not providing workers' compensation insurance coverage are referred to as non-subscribers. Non-subscribers lose important legal protections, including immunity from most lawsuits by injured employees.

What is the penalty for not having workers compensation in California?

A: Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by either a fine of not less than $10,000 or imprisonment in the county jail for up to one year, or both.

Is it mandatory to have workers compensation in California?

As a result, California employers are required by law to have workers' compensation insurance, even if they have only one employee. And, if your employees get hurt or sick because of work, you are required to pay for workers' compensation benefits.

How much does California Workers Comp pay?

In California, if you are injured on the job, you are entitled to receive two-thirds of your pretax gross wage. This is set by state law and also has a maximum allowable amount. In 2018, for example, the maximum allowable amount was $1,215.27 per week for a total disability. This amount is adjusted annually.

What to do if your employer doesn't have workers comp?

What Can I Do If My Employer Doesn’t Have Workers’ Comp Insurance? If your employer doesn't have workers' comp coverage, you generally have one of two options: a personal injury lawsuit against your employer, or. a workers’ comp claim with your state's uninsured employer's fund. The general rule is that injured employees aren't allowed ...

What to do if you don't have workers comp?

If your employer doesn't have workers' comp coverage, you generally have one of two options: 1 a personal injury lawsuit against your employer, or 2 a workers’ comp claim with your state's uninsured employer's fund.

What happens if your employer goes out of business?

Even if your employer goes out of business, its insurance company will still be responsible for paying your workers’ comp claim. Also, most states have special funds to pay injured employees after their employers’ insurance company or their self-insured employer goes out of business.

What to do when you report a worker's comp claim?

When you report your injury, your supervisor should give you information about how to file a workers’ comp claim. Typically, your employer must immediately notify its insurance company of your injury and give you any paperwork you need to fill out .

Can you sue an employer for work injury?

The general rule is that injured employees aren't allowed to sue their employers in court for work injuries, but there’s usually an exception when employers don't have workers’ comp insurance. At the same time, many states (including California and New Jersey) have special funds that provide traditional workers’ comp benefits to injured employees ...

Do employers have to have workers comp insurance?

Almost all states in the U.S. require employers to have workers’ comp coverage, typically either by buying insurance or by showing they have the financial resources to cover any workers’ comp claims (known as self-insurance). Many states apply these insurance requirements to all employers.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What does a workers compensation attorney do?

An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.

Why is my workers comp claim denied?

One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.

What happens if a subcontractor is responsible for another subcontractor's injury?

If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.

Can you get a lump sum settlement in Pennsylvania?

In Pennsylvania, you can be offered a lump sum settlement for your injury. Before you accept this payment, you want to know if it’s fair. An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement. 2.

Is an attorney necessary for a minor cut?

Here are some scenarios where an attorney is usually not necessary: The workplace injury was minor with no complications, such as a minor cut. You missed no work or were only off a few hours or a day at the most. Your employer acknowledges the incident that happened at work.

Can an attorney determine third party liability?

An Attorney Can Determine Third Party Liability. In most cases, an injured worker has only one option: they can file a workers’ compensation claim against the employer. However, there is one situation where they may be able to file a claim against a third party.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can a minor injury be a preexisting condition?

Your injury is minor and doesn’t require much medical treatment – The workers comp system is specifically designed to handle these types of cases. You don’t have a preexisting condition that was aggravated by the accident – Preexisting conditions can complicate your claim, like a neck injury from car wreck that is inflamed by a fall at work.

Can You Afford a Workers' Comp Lawyer?

Before discussing the merits of hiring a workers' comp attorney, it makes sense to ask whether you can afford to hire one. Fortunately, workers’ comp attorneys almost always work on a contingency fee basis (by taking a percentage of the settlement or award they're able to win for you).

When Your Workers' Comp Claim Has Been Denied

You should consult with a workers' comp lawyer if the insurance company denied your claim or disputes any part of it, such as your need for certain medical treatment or time away from work. Insurance companies often routinely deny workers' comp claims, assuming that injured employees won’t appeal or challenge the decision.

When You Have a Serious Work-Related Injury or Illness

You'll probably need an attorney to handle your claim if you suffered a serious injury—especially one that requires surgery—or your work caused a chronic condition like a repetitive stress injury (RSI) or an occupational illness. A moderate to severe injury means higher medical bills, more in lost wages, and a higher permanent disability award.

If You Have Preexisting Conditions

If you had a previous injury to the part of your body affected by your recent workplace injury, the insurance company may argue that your current medical condition is due to the preexisting condition.

When You're Not Able to Return to Work After an Injury

If your work-related injury or illness affects your long-term ability to work, a lawyer can be essential to getting a settlement or award that's large enough to cover a fair portion of your future wage loss. This is especially true if you'll never be able to work in the same capacity as you did before your injury.

Contact an Attorney

If you have questions about your workers' comp application or need help filing an appeal, contact an experienced workers' comp lawyer right away. Most attorneys offer a free consultation and charge no fee unless you win your case.

Why do employees hire workers comp lawyers?

Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

What does a lawyer do for workers comp?

A lawyer will be able to analyze the details of a particular workers ’ comp case to ensure an employee receives proper benefits. The lawyer might look over medical records to determine the extent of the injury in question and could also examine your business’s records to see if it has had any previous safety violations.

What happens when an employee accepts a workers comp claim?

When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state. If an injured employee accepts benefits or a settlement package, they usually waive the right to sue your business, but they can reject the settlement outright and pursue litigation.

What to do if your business's insurance provider denies your claim?

Lawyers can also advise employees after your business’s insurance provider decides whether or not to grant benefits. If the insurer denies the claim or offers an unsatisfactory payout, the employee’s lawyer may encourage him or her to appeal the decision. As noted above, this is an instance when a small business might consider hiring its own ...

What happens if my business doesn't have workers comp insurance?

Your business lacks workers’ comp insurance. If your company fails to purchase the required workers’ comp coverage for the states in which you do business, you are likely to hear from the Occupational Safety and Health Administration, in which case it’s wise to speak with an attorney.

What do lawyers do for employees?

Lawyers help employees assess the cost of their injury or illness to determine how much money they should receive. To do so, attorneys consider medical bills, rehabilitation costs, time away from work, and the type of disability that the employee has incurred.

Do small businesses need lawyers for workers comp?

The good news: Small business owners rarely need to hire lawyers for workers’ comp claims because they rarely end in lawsuits. Usually, the injured employee is simply exercising his or her right to compensation, and the employer’s workers’ comp insurance provider will decide whether the worker is eligible for benefits.

Why would an employer refuse to file a workers comp claim?

There are legitimate reasons an employer would refuse to file a workers comp claim. At least they’re legitimate in the employer’s eyes. For instance, your employer might believe he has a valid defense against your claim. Among the potential points of contention: Your injury did not require medical attention.

What happens if an employer doesn't report an injury?

Once notified, your employer must file what’s commonly referred to as a “First Report of Injury.”. If the employer doesn’t, he/she is breaking the law. Stay on top of the situation. If your employer does not report your injury within a specified time, you should file a separate claim with your state’s workers compensation board.

Why won't my employer file a claim?

Another reason your employer might not file a claim is the nature of insurance. Workers comp is like auto insurance. The more you use it, the higher your next premium will be. That’s why your employer might want you to use your private health insurance if you’re injured. Don’t do it.

How to file a DWC-1?

Your employer is supposed to provide you with a DWC-1 form to document the accident. It’s a pretty straightforward form that seeks the obvious information: 1 Date and time of the injury 2 Where it occurred 3 How it happened 4 What are your symptoms?

What do employers not have the right to do?

What employers don’t have the right to do is not report a claim in the first place. If they do, act on the simple rule that’s the foundation of the workers compensation. You get hurt, you get treatment, you get paid.

What is a DWC-1 form?

It’s a pretty straightforward form that seeks the obvious information: Date and time of the injury. Where it occurred.

How much is a fine for a missed injury in California?

Penalties for failing to comply also vary. The minimum charge is typically $100, but missed or late reporting can result in a $2,500 fine in California. In some states, it’s up to $7,000 depending on the severity of the injury.

What is the best way to win a workers compensation case?

For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.

What is the mistake of a worker?

Mistake 1: Failing to Act Immediately at the Time of the Accident. At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries. Certain things should be done at the time of the accident including remaining calm.

What does "malingerer" mean in workers comp?

If a doctor believes you are embellishing your symptoms to bolster your claim they will note the term “malingerer” (which means faking or exaggerating injuries) in your medical records and that can destroy your case.

What are the mistakes in a medical malpractice case?

Mistake 1: Failing to Act Immediately at the Time of the Accident. Mistake 2: Failing to Inform Your Doctor of the Details of Your Workplace Injury. Mistake 3: Falsifying Your Injuries and Symptoms. Mistake 4: Failing to Select Your Own Doctor. Mistake 5: Failure to Follow Your Doctor’s Advice, Orders, or Treatment Plan.

How can a claim be diminished?

Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.

Do injuries that do not present long-term health consequences require any further action on your part?

In some cases, injuries that do not present long-term health consequences do not require any further action on your part. Only you can decide. The decision should be made with all the facts considered and only after all of your treatment is completed or a treatment plan has been outlined going forward.

Do insurance adjusters have your best interests at heart?

No matter how nice an insurance adjuster appears to be, do not believe he has your best interests at heart. They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer.

Why don't insurance companies want you to hire an attorney?

Of course, the insurance company doesn’t want you to hire a lawyer because you are ignorant of the benefits without one. For example, you have the right ...

How long does it take to file a workers compensation claim?

Before you file your claim, there are some important things to make note of. Here are 5 things the workers’ compensation insurance company doesn’t want you to know. Once you notify the workers’ compensation insurance company in writing of your accident by filing your Notice of Accident (Form 18), the insurance company has 30 days to accept ...

What is the wage chart for insurance?

Your employer is required to fill out a Wage Chart (Form 22) that indicates the number of days you worked each month and the total monthly pay. By using this chart, you can verify that you receive the correct amount each week and that the insurance company is not short-changing you.

Can you be fired in North Carolina?

However, this is very difficult to prove because North Carolina’s laws provide that any employee is an employee at will and can usually be hired or fired by an employer “at-will” and with or without cause.

Can an insurance company force an I.M.E.?

In that case, the Court may force the insurance company to provide the I.M.E. with the doctor of your choosing, or the Court may choose a different doctor for you to see. The insurance company and your employer must provide you with your wage information to verify you are receiving the correct disability pay.

Can you see a doctor if you agree with the adjuster?

If you and the adjuster agree, you will be allowed to see the doctor you choose. If the insurance company does not agree with your choice, then the adjuster may suggest other doctors. Suppose you and the insurance company cannot agree about a particular doctor.

Can you return to work after a permanent injury?

Knowing the laws that protect you is crucial, especially if your injury is permanent and you cannot return to work. An experienced attorney can help you get the help you and your family deserve and make sure you don’t miss any benefits that will provide for you during your disability and beyond.