Getting injured at work is stressful enough without having to worry about how to pay medical bills or make up for lost wages. Workers' compensation insurance is supposed to alleviate these worries by covering treatment costs and wage replacement after workplace injuries. But what happens if your employer doesn’t have workers' compensation insurance or doesn’t have enough coverage to handle your case? You might still have your options to pursue compensation, and an attorney can help you figure out where to begin.
Understanding Workers' Compensation Insurance
Workers' compensation insurance is a safety net designed to protect employees injured on the job. It typically covers medical expenses, rehabilitation costs, and a portion of lost wages while the worker recovers.
In North Carolina, most employers with three or more employees are legally required to carry workers' compensation insurance. Even some small business owners and subcontractors might be required to have this coverage under certain conditions. Failure to comply with these requirements can lead to legal and financial penalties for the employer.
For injured workers, insufficient or non-existent coverage leaves them in a difficult position after a workplace accident like a construction accident. Without workers' compensation, it may be harder to pay for medical treatments and recover lost wages, forcing them to seek alternative remedies.
Exploring Alternative Coverage Options
For subcontractors or workers on large projects, one potential solution could be general contractor’s insurance. General contractors are often required to carry liability or other insurance policies that might extend coverage to injuries sustained by subcontractors on the job site. If you’re working under a general contractor, check whether their insurance might provide benefits for your injury when workers’ compensation from the parent employer does not.
Additionally, your employer may have other kinds of insurance, such as liability coverage, that could potentially address your expenses. While not as comprehensive as workers' compensation insurance, such a policy might help cover your losses and expenses in some cases.
Identifying Other Potentially Liable Parties
When an employer lacks workers’ compensation insurance, injured workers may need to look beyond their direct employer to seek compensation. Third parties might be held responsible depending on the circumstances, which a workers’ comp attorney can help clarify.
For example:
- If a defective piece of equipment contributed to your injury, you might be able to pursue a claim against the manufacturer.
- If unsafe property conditions caused the accident, the property owner could be liable.
- Some subcontractors may benefit from agreements with their general contractor that could indirectly provide coverage.
Legal Options for Injured Workers
If your employer was legally required to have workers' compensation insurance but failed to provide it, you could have grounds to file an injury claim against them. Unlike a standard workers' comp claim, though, filing an injury claim means proving negligence or liability on the part of your employer.
For example, did your employer’s unsafe practices or lack of necessary precautions directly contribute to your injury? If so, you may be allowed to file a claim that demands compensation for medical expenses, lost wages, and even pain and suffering.
Working with an experienced lawyer is highly recommended because your employer will certainly be ready to defend themselves with a legal team of their own. At Hyland, Padilla & Fowler, PLLC, we understand the complexities of North Carolina workers' compensation and injury laws, where they overlap, and where they don’t. We can guide you through the process of filing a claim, whether you can use workers’ compensation insurance or need to bring an injury claim against a negligent party that caused you to suffer a workplace injury.
Contact us today for a complimentary consultation, and take the first step toward understanding and pursuing the compensation you deserve. Call (919) 891-8361 now.