Employer's without Workers' Compensation Insurance

While the law requires an employer with at least one employee to have workers' compensation insurance, there are times when an employee is injured and then discovers their employer failed to have workers' comp insurance. It is widely known that filing a claim in the Workers' Compensation Court is the exclusive remedy of an injured employee unless at the time of hire they elect to reserve their common law rights.

Common law rights include the ability to sue for negligence, fraud etc.; remedies not available through the Workers' Comp Court. Common law causes of action also afford recovery of other damages not available through Workers' Comp Court.

The problem is that rarely does an employee reserve their common law rights, nor am I suggesting that you do so.

But when an employee does not reserve their common law rights, are hurt on the job and the employer failed to have workers' comp insurance, the employee is still able to file an action in Superior Court against the employer asserting common law causes of action.

However, this option is only available if certain steps are taken and completed on time according to statute. If you find yourself in such a situation, be sure to contact an attorney as soon after the date of injury as possible.

For more information, please visit www.ranonelaw.com