
Work injury lawyer explains how an employer who has no workers’ comp insurance in Michigan is still responsible for the injured employee’s payment of medical bills, lost wages, and possibly tort damages.
We have blogged about uninsured employers on multiple occasions. It is a lousy thing for business owners to do and usually ends up hurting them in the long run. When an employer has no workers’ comp insurance in Michigan, they are still responsible for payment of medical bills and lost wages. Officers and directors of the corporation can be found individually liable for any portion of the obligation and expenses that are not satisfied by the corporation.
Workers’ comp is a type of insurance that most employers are required to purchase in Michigan. It is intended to protect both employers and employees in the event of a workplace accident. Benefits are limited to medical, vocational rehabilitation, and a percentage of lost wages. In exchange for these automatic payments, employers are protected from civil lawsuits.
Who needs workers’ comp insurance?
Private employers who regularly employ 3 or more people at one time, or at least 1 employee for 35 hours or more per week for 13 weeks or longer, must purchase workers’ comp insurance. An employer who fails to obtain workers’ comp insurance is guilty of a misdemeanor and may be fined not more than $1,000.00, or imprisoned for not more than 6 months, or both. Each day’s failure is a separate offense.
It doesn’t matter if the employer doesn’t have workers’ comp insurance
We get asked about situations where an employer has no workers’ comp insurance and remind people that it really does not matter. The employer must still pay medical bills and lost wages. Watch out for employers who promise to make these payments in exchange for lying about how the workplace accident occurred. This is a trap and will be used to discredit any future workers’ comp claim.
An employer who has no workers’ comp insurance loses the protection of the exclusive remedy provision. This means a lawsuit can be filed against an employer for their negligence. This opens the door to a claim for additional damages such as pain and suffering.
Watch out for bad employers trying to game the system
Our experience shows that bad employers who don’t have workers’ comp insurance try to game the system by telling their employees that insurance does not exist, or they are independent contractors who do not qualify. They want an employee to give up and not pursue any claim.
We always recommend that a person independently verify insurance coverage with the Workers’ Disability Compensation Agency. There is even an online search tool that can be used to check for yourself.
Individuals can even file their own claims directly with the Agency using the Employee’s Report of Claim (Form WC-117) who will then notify the employer and any insurance carrier on the risk.
We have successfully recovered large amounts of money from uninsured employers. We have also found insurance coverage through general contractors when the subcontractor does not have appropriate coverage. It is important to explore all options when your health and financial well-being is on the line.
Injured while on the job in Michigan? Contact our lawyers for a free consultation
If you were injured on the job in Michigan and your employer doesn’t have workers’ comp insurance, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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