JENKINTOWN PERSONAL INJURY ATTORNEYS

You sustained an injury on the job and found out your employer failed to purchase workers’ compensation insurance. What are your options?

You have a couple of options. First, if your injury occurred as a result of some negligence on behalf of your employer, you can sue your employer in tort for all of your damages including medical bills, lost wages and pain and suffering. (If your employer carried Workers’ Compensation Insurance, you can only claim worker’s compensation against the employer which prevents you from seeking pain and suffering damages). Second, you have the option to file a workers’ compensation claim. If your employer did not carry insurance, there is an Uninsured Employer Guaranty Fund which may be available to provide you benefits.

You should consult our experienced workers’ compensation lawyers immediately. You must act quickly. Under the UEGF rules, you only have 45 days after you learn your employer is uninsured to file a benefits claim with the Guaranty Fund. You also have requirements with respect to your employer. You must file an accident report with your employer within 120 days and must file a “notice of claim” against your employer.