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My Employer Doesn’t Have Workers’ Compensation Insurance

August 14, 2017

Employer doesn't have workers' compensation insurance

Most states, including North Carolina, require employers of a certain size to carry workers’ compensation insurance. And according to the North Carolina Industrial Commission, our state must have insurance for businesses that regularly employ three or more employees. When employees are injured at work, they usually go through their company’s workers’ compensation system to receive recovery for their injuries, rather than suing their employers. But what happens when a business doesn’t have insurance in place for them?

If you or someone you know finds themselves in this type of situation, you have the option to sue the employer in court. One major benefit of going to court is that you can seek the full amount of your losses without being subject to an arbitrary cap set by the law. You can also collect money damages for the emotional distress caused by your injuries. Finally, you may be able to collect punitive damages, which are intended to punish the employer if it was neglectful behavior that caused your injuries in the first place. Keep in mind that suing can sometimes be a slow process and that it may take a few months before you see any money through a lawsuit. That’s why it’s so important to talk to a workers’ compensation firm like Prior, Criner & Edwards Attorneys in order to start the court progression and ensure your suit is filed in a proper legal timeframe.

Another way to seek compensation for your lost wages and medical treatment is through North Carolina’s Uninsured Employers’ Funds. These are special funds reserved for people who are injured while working under an employer that is uninsured. Uninsured Employers’ Funds may cover your medical bills or help you receive payments for a portion of your wage loss. North Carolina also offers temporary disability insurance programs, which offer short-term benefits during the period in which you’re not working.

We know how frustrating it is to find out an employer doesn’t have workers’ compensation insurance, and our state knows it too! That’s why for the past couple of years, investigators from the Industrial Commission have been knocking on doors and charging businesses with fines if they aren’t covered. Since 2014, the agency has already collected nearly $2.4 million in fines from uninsured companies and have charged over 100 employers with misdemeanors for willingly not having coverage.

If you’ve been injured on the job at an uninsured company, or if you know your employer isn’t covered but want to ensure fellow employees are protected before an accident occurs, contact Prior, Criner & Edwards Attorneys. There’s no reason for you or a loved one to be left with financial problems or long-term injuries without proper coverage to see you through. Let us help you work through your workers’ compensation case to ensure you are provided the care and rights you’re owed!