Michigan work accident lawyer talks about what you should do when your employer does not have workers comp insurance.
The worst part of my job is having to deal with dishonest employers who fail to purchase workers comp insurance. I hate getting telephone calls from good people who are hurt at work and are getting the run around.
Last week our office received a telephone call from a man who works as a roofer. He was injured and his employer has provided no medical or wage loss benefits. In fact, his employer hasn’t told him anything about workers comp.
Checking for insurance coverage through the State of Michigan revealed that this employer has filed a form to be excluded from the workers comp system. This is not good news and it is unlikely that this man will ever receive full workers comp benefits.
Employers required to purchase workers comp insurance in Michigan
1. All private employers, other than agricultural employers, who regularly employ 3 or more employees at 1 time.
2. All private employers, other than agricultural employers, who regularly employ less than 3 employees if at least 1 of them has been regularly employed by that same employer for 35 or more hours per week for 13 weeks or longer during the preceding 52 weeks.
3. All public employers.
4. Householders employing domestic servants if they employ anyone 35 hours or more per week for 13 weeks or longer during the preceding 52 weeks.
Employers who can exclude employees from the workers comp system
1. Sole Proprietorship – If it has one or more employees and all employees are the spouse, child, or parent of the sole proprietor.
2. Partnership – If all employees are partners.
3. Stock Corporation – If all employees are corporate officers and own 10% or more stock in the corporation.
4. Limited Liability Company – If all employees are members and are also managers and own 10% or more interest in the business.
Dishonest employers and how to get help
Some employers attempt to game the system and do not purchase workers comp insurance. This is very short sighted as workers comp insurance is not very expensive and it’s designed to protect both the employer and the employee in the event of a work-related injury.
An employer who fails to purchase workers comp insurance is not off the hook. Payment of workers comp benefits is still required and officers of the company can be personally liable. In addition, the employer loses the protection of the exclusive remedy and can be sued for negligence.
Don’t give up hope if you are told there is no workers comp insurance. Call an experienced workers comp lawyer who can hold your employer accountable.
To speak with one of our work accident lawyers in Michigan, call (855) 221-2667 for a free telephone consultation. We never charge a fee unless you are successful with your case.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to evaluate a case.