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If you injure your hand on the job and the company you work for does not have workmans comp insurance will you still get paid for lost wages and if you do not regain full use of your hand what action can be taken?

2007-04-13 12:55:22 · 7 answers · asked by shane r 1 in Business & Finance Insurance

7 answers

contact a lawyer and go for a free first interview its free

2007-04-13 12:58:34 · answer #1 · answered by Anonymous · 0 0

If your employer does not have Workman's Comp insurance they can get in trouble big time. They are required to have the proper insurance on their business and employees.
Contact your state's Workman's Compensation Commission and find out the procedure for reporting them. This also might be an OSHA violation and you should report them to any and all appropriate governing bodies in your state.

2007-04-13 14:10:37 · answer #2 · answered by Jackie Oh! 7 · 0 0

Regardless of whether or not they have insurance, they are STILL responsible to pay all your medical bills and lost wages. If this is a permanent disability, it's going to cost them mucho bucks.

Unfortunately, you likely will have to hire a lawyer and sue them. It's open and shut, but if they're too cheap to buy the WC in the first place, they probably aren't going to step up to the plate on this; you'll have to force them into it.

And getting a judgement against them (which will be pretty cut and dried) won't be hard at all, but getting actual CASH might be - because they could just close their doors, file bankruptcy, and shut down.

I don't usually recommend lawyers, esp. for workers comp, as I don't think they're usually needed - but in cases like this, they're usually needed.

**The way workers comp works, you can EITHER collect under their policy, OR sue them. If there's no policy to collect under, you can ABSOLUTELY sue them. Having a workers comp policy in place is what PREVENTS you from being able to sue.**

2007-04-13 13:11:12 · answer #3 · answered by Anonymous 7 · 0 0

You have a right to sue in this case. Hire a good personal injury attorney ...they will love this one. Sounds like your employer needs a class in Human resources and employers responsibilities. He is definitely negligent in not providing Work comp...especially if it required in your State. You may lose your job...or at lest be blackballed by the employer. Also....this may shut his business down completely!! If he was without Work comp he can be fined by the State to the extent of $750 per day for everyday he did not carry work comp. At least it is in my State. ALSO..... OSHA ( occupational safety and HealthAct) department would be notified and they will make your a place of employment pay big time.....May even Red tag the place.


Long story short. Your employer is in over his head...and you...my man ..have a song to sing!

2007-04-17 09:55:49 · answer #4 · answered by DFK 3 · 0 0

Just to add to the many good answers here, be alert to the possibility that the company you work for may not have WC insurance because they maintain that they have no "employees". You are not an employer if you do not have employees and do not need WC insurance if you are not an "employer". Many companies claim that people who work for them are independant contractors and NOT employees.

I would strongly suggest you seek advice from a reputable attorney to determine if your status was as an "employee". This will determine if the company is legally responsible for your injury.

2007-04-14 01:50:38 · answer #5 · answered by Xeod 5 · 0 0

usually u can't sue your own employer for a workplace injury because of worker's comp, but if they don't have it, I would think u could sue them. but sometimes there are other places u can recover from--did the accident involve machinery that was faulty, like a factory job involving a punch press? is it a construction accident where multiple contractors were working on the same job? if you indeed have lost use of your hand, I urge u to see a personal injury lawyer.

2007-04-13 13:03:16 · answer #6 · answered by njyogibear 7 · 0 0

I artwork contained available in the industry and right that's my recomendation: record a declare. if your business enterprise is telling you to not record a declare, it is a contravention of your rights and against a FEDERAL regulation. it is not sturdy. laborers reimbursement is designed to guard human beings such as you and me. Your business enterprise won't be able to lose a settlement because of the fact of a million declare. Your business enterprise CAN lose a settlement if there are signs and indicators of fraudulent claims. you are able to desire to record a declare and guard your nicely being and well being. you have gotten extra suitable than a sprain and additionally you will possibly choose scientific interest. even with the certainty that, you are able to purely have a easy sprain, and only choose some ice. you will not be attentive to till you record a declare. Please record a declare.

2016-10-22 02:41:00 · answer #7 · answered by Anonymous · 0 0

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