Injured on the job? What if your employer isn't insured?

Any business that employs workers in the state of Pennsylvania is required to have workers' compensation insurance to protect employees who get hurt at work. It's the law. But sometimes workers become injured on the job only to discover that their employer has neglected to maintain this important insurance.

What can you do if you're injured and your employer is uninsured? Read on to learn more about your rights and options.

Three things to know if your employer doesn't have workers' comp coverage

  1. You may not be out of luck. The state recognizes that some employers fail to meet their responsibilities. The Uninsured Employers Guaranty Fund exists to protect injured workers whose employers aren't covered. To take advantage of this resource, you must report your claim to the fund within 45 days of learning that your employer is uninsured.
  2. You may be able to sue. Businesses that carry workers' compensation insurance are generally immune from liability because those claims are resolved within the workers' compensation system. If your employer is uninsured, however, they lose this protection and you may able to bring a lawsuit for damages if employer negligence contributed to your injury.
  3. You need experienced help. Workers' compensation law is complicated, especially when your employer doesn't have insurance. If you have any concerns about getting compensated for your workplace injury, it is always a good idea to talk to a professional. Workers' compensation attorneys offer free consultations and typically do not collect any fees unless they secure benefits for you.

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