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Help for those injured without workers' compensation coverage

Over the past few weeks, we've blogged about numerous topics related to workers' compensation. Often, we say that when you are injured or become ill related to incidents in the workplace, you are covered by workers' compensation. But what happens when you are not covered by workers' compensation insurance?

A few reasons exist for why you might work for a company but not be covered by workers' compensation. First, in a very few instances, the company might not be required to have workers' compensation. This is usually when a company is so small that it only has one or two employees, and even then, many still carry the coverage. Second, a company might choose not to purchase the required coverage or might let policies lapse for financial reasons or because an error was made.

For whatever reason, if you are injured at work at a time when your company is a non-subscriber -- meaning they don't have an active workers' compensation plan in place -- then you might be able to file a lawsuit against them for negligence. Lack of workers' compensation coverage converts the claim to a personal injury case, which is handled differently than a workers' compensation claim.

In workers' compensation cases covered by the insurance, you aren't allowed to sue an employer for additional coverage. If the case becomes a personal injury situation, then the rules are very different and you might need to prove some type of liability or negligence to seek compensation. Our firm works with you to understand whether or not your injury is covered under a workers' compensation claim and what steps you can take if not.

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