What happens to your workers’ comp if your employer closes?

On Behalf of | Nov 2, 2022 | Workers' Compensation |

With the ups and downs of the economy over the past few years, many companies have struggled to stay in business. Some haven’t been able to. Of course, employees who have lost their jobs, sometimes with little or no severance pay, are among the biggest casualties.

What happens if you’re one of those employees, and you are currently receiving workers’ compensation benefits for an injury or illness – whether you’ve continued to work or had to take time off? What happens to your benefits?

The good news is since the benefits are likely being paid by your employer’s worker’s comp insurer, you should continue to receive those without interruption. The status of your employer’s business wouldn’t affect those payments.

What if your claim hasn’t yet been approved?

Even if your claim is still being reviewed, the fact that your employer closed its doors after your injury shouldn’t affect its approval. However, if no one from the business can be located as the insurer investigates the claim, this can definitely slow down the approval process.

Another potential complication is that if you haven’t been able to work since your injury or illness, determining when you can work again since your job is no longer around can be a little more complicated.

Minnesota’s Department of Labor and Industry has an Office of Workers’ Compensation Ombudsman. They may be able to offer some help in navigating this situation if you run into stumbling blocks. However, if you’re still having difficulty obtaining or keeping the workers’ comp benefits to which you’re entitled after your employer goes out of business, it may be wise to seek legal guidance to help with your specific situation.

FindLaw Network