What If My Employer Doesn’t Have Workers’ Comp. Insurance in Massachusetts
When people get up and go to work each morning, they expect to safely return to their families and loved ones each night. Unfortunately, accidents in the workplace happen all the time, and people are seriously injured at their jobs. Workers’ compensation insurance, usually carried by an employer, can help employees pay for their medical expenses and other losses after an accident. However, if your employer does not carry workers’ compensation insurance, you might have to explore other legal options to get the compensation you need and deserve.
In many states, workers’ compensation is legally required for all employers. When an employer neglects to carry workers’ compensation insurance, they can be penalized. It may also open them up to possible litigation where injured employees may file a lawsuit against their employer.
If you were harmed in a workplace accident, you deserve to be compensated. If your employer does not carry workers’ compensation insurance, you may want to file a lawsuit with the help of our Massachusetts workers’ compensation attorneys. Call the Law Office of John J. Sheehan at (617) 925-6407 to schedule a free legal consultation.
Legal Options When Your Employer Does Not Carry Workers’ Compensation Insurance
All employers must carry workers’ compensation insurance in many states because it is the legally required method for resolving workplace accident cases. Some states that require employers to carry workers’ compensation insurance also forbid employees from filing lawsuits against their employers. However, when the employer fails to fulfill their legal duty of carrying the necessary insurance, the employee will be unrestricted from filing a personal injury lawsuit.
Once you file a lawsuit, you also open the door for settlement negotiations. Most personal injury lawsuits settle out of court. In fact, settlements are so common that a full trial is often the last resort rather than the first choice for resolving disputes. The more evidence you have supporting your claims, the better chance you have at getting a good settlement offer.
In the process of building your case, we may need to make reports of safety violations to the Occupational Safety and Health Administration (OSHA). Your workplace must meet specific safety standards to continue operating. When violations occur, OSHA may investigate and initiate penalties or stop-work orders against your employer. Violations may also be used as evidence of fault against your employer in your lawsuit. Our Boston workers’ compensation attorneys are here to help you navigate the lengthy legal process involved in getting compensation.
Filing a Lawsuit Against Your Employer If Workers’ Compensation Is Unavailable
When workers’ compensation is not available, you may file a personal injury lawsuit. First, you need to determine what kind of case you have. Is your case based on negligence? Are you dealing with an intentional tort? Could your employer be held strictly liable? Once you know what kind of case you have. You can start gathering the necessary evidence.
Gathering evidence may include getting surveillance footage from your place of work if that is where the accident happened. This can be extremely helpful as it establishes a video record of the accident. Eyewitness testimony from other employees will be extremely helpful as well. If the case involves an intentional act, like your boss purposefully caused your accident, you may need to find evidence of intent and deliberate action on your employer’s part.
Many states allow employees to file workers’ compensation claims regardless of who is responsible for the accident. Personal injury lawsuits, however, require you to prove your employer is at fault. Our Malden workers’ compensation lawyers will be there to help you prove your case
Negotiating a Settlement with Your Employer If They Do No Carry Workers’ Compensation Insurance
Getting compensation for your injuries after a work-related accident does not necessarily have to involve a lawsuit and trial. Lawsuits can be very expensive, and your employer might be willing to negotiate a settlement agreement. This way, you get the compensation you deserve, and neither party must pay for an expensive trial.
Your odds of getting a favorable settlement will increase with stronger evidence in your favor. If you have little to no evidence of any wrongdoing on your employer’s part, it might be more difficult to get a settlement. In some states, workers’ compensation insurance is required by law, and when employers fail to carry the insurance, they can be subject to legal penalties. In such a case, the simple fact that your employer failed to carry the necessary workers’ compensation insurance may be levied against them in settlement negotiations.
A good settlement will depend on your financial needs after a workplace accident. We must consider your medical bills and other losses like lost wages and pain and suffering. Call our Cambridge workers’ compensation lawyers to get help today.
Filing a Complaint with OSHA If Your Employer Does Not Have Workers’ Compensation Insurance
OSHA is the Occupational Safety and Health Administration. It is a nationwide organization charged with overseeing workplace safety standards in each state. OSHA is a vast and complex system of rules that regulate safety in the workplace. There are general rules that tend to apply universally, and rules apply to specific fields of work, like construction or health care.
In many states, the failure to carry workers’ compensation insurance could be an OSHA violation, and your employer may face legal penalties. If your employer is not required by law to carry workers’ compensation insurance, there may still be other OSHA violations that can be reported. Reportable violations will vary from state to state and job to job. However, once a violation is reported, there is typically an investigation.
Employees are also legally protected from retaliation from employers if they find out who made the report. OSHA violations could be used as evidence of fault in a personal injury lawsuit against your employer. If you know of any reportable violations, you can discuss them with our workers’ compensation lawyers.
Call Our Workers Compensation Attorneys for Help
If you were hurt in an on-the-job accident but your employer does not carry workers’ compensation insurance, you should explore other legal options. Contact our Somerville workers’ compensation lawyers to get your case started. Call the Law Office of John J. Sheehan at (617) 925-6407 to set up a free legal consultation.