I’ve Been Hurt, but My Employer Doesn’t Have Insurance. Now What?

Unfortunately, this is a question that we hear all too often. A person has been hurt on the job, has tried to file for workers compensation, and finds out that their employer does not have the necessary insurance. Often, the employer will attempt to get the worker to not file a claim and sometimes the tactics used can get pretty nasty. So what can you do if you have been hurt at work and find out your employer doesn’t have workers compensation insurance?

    The first thing you should do is still file a workers compensation claim with the North Carolina Industrial Commission. Regardless of whether or not your employer has been following the law, you were still injured. If you end up getting threatened, told not to, or especially fired, keep records of these events as they are illegal in the state of North Carolina. You still have every right to file a claim as long as your company should have workers compensation insurance and you are meant to be covered. The main thing to remember is that your employer has been breaking the law, you certainly shouldn’t be punished for that.
    The next thing you need to do is start keeping a record of everything that happens. Even if it is an event from a coworker, keep a written log of each thing that happens that you believe may be connected to your claim. Keep all of the emails and text messages that you can along with any voicemails and the like. Some employers will attempt to use coworkers to chase someone out of a job, so keeping a record will help to back up this claim if it happens to go to court. Be sure that you have witnesses when possible as well.
    You should also call an attorney to help you find your way through this. Being hurt on the job is stressful enough, but add this into the mix and it can make you want to pull your hair out. Call Collier today for a free consultation and see what your options are, despite your employer not having insurance. You will not be punished for your employer’s negligence, so you can rest assured that we will fight to get you all of the compensation you deserve.