What should you do if your employer lacks workers’ comp?

On Behalf of | Mar 4, 2024 | Workers' Compensation |

In Minnesota, employers are generally required by law to carry workers’ compensation insurance to cover employees in case of work-related injuries. But what happens if you’re injured and your employer does not have this coverage?

This blog provides a straightforward guide to understanding your rights and the steps you should take in this stressful situation.

Understanding your rights

State law mandates that all employers must have workers’ compensation insurance or be self-insured. However, if your employer is non-compliant, you still have rights to pursue compensation for your injuries.

Immediate steps to take following an injury

If you suffer a work-related injury and your employer lacks any workers’ compensation, the initial steps you should take are the same as those for any worker whose employer has coverage.

These steps are:

  • Report the injury: Even if your employer lacks workers’ compensation, you still need to report your injury to them, to establish a record.
  • Seek medical attention: While the costs might come out of your own pocket, you should still get the necessary medical treatment. Keep a record of all your visits and medical expenses.
  • Document everything: Collect evidence of your injury, including witness statements, photographs, and a detailed account of the incident.

Even if your employer lacks workers’ compensation, it’s important to have the necessary documentation to receive some benefits from the state. You’ll also need the information in order to hold your employer liable for your work-related injuries.

Seeking compensation

Without employer-provided workers’ comp insurance, you may need to file a claim directly with the Minnesota Special Compensation Fund, which can provide benefits under certain circumstances. A legal professional with experience in workers’ compensation matters may be able to assist you in this process.

Legal recourse

You also have the option to file a lawsuit against your employer. Unlike a regular workers’ comp claim, a personal injury lawsuit will allow you to sue your employer for pain and suffering, which aren’t covered under workers’ compensation. If you’re taking this route, an attorney would also be useful in determining if you have a strong enough case to bring against your employer.

Your employer may lack workers’ compensation insurance, but that doesn’t mean you won’t receive any support if you get injured. You can always turn to a legal professional for help in finding adequate compensation and holding your employer responsible for your injuries.

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