Help! My Employer Doesn’t Have Workers’ Comp Insurance
If you’ve been injured at work in Virginia and discovered that your employer doesn’t have workers’ compensation insurance or refuses to file your claim, you’re likely feeling overwhelmed and uncertain about what to do. As a workers comp lawyer in Roanoke, don’t worry: you have options to get recover for your injuries.
First, your employer is probably breaking the law. Employers with more than two employees are required by law to carry workers’ compensation insurance. This mandate is critical because it ensures that workers injured on the job receive appropriate compensation for medical expenses, rehabilitation costs, and a portion of their lost wages.
Under Virginia Code § 65.2-805, such employers can face significant penalties, including fines and possible criminal charges.
What Should You Do?
If you’ve confirmed that your employer has no workers comp insurance, document your injury and any related correspondence with your employer. You should report your injury to your employer as soon as possible, as failing to do so can complicate your claim. Then, contact the Virginia Workers’ Compensation Commission to report your situation. The Commission can investigate whether your employer has violated the law and guide you on the next steps. Call a lawyer. We can help with this first step.
Next, if it’s determined that your employer doesn’t have workers comp insurance, you can file a claim directly with the Virginia Uninsured Employer’s Fund (UEF). The UEF is designed to step in and provide compensation when an employer fails to carry the necessary insurance. This fund helps cover medical expenses and a portion of lost wages, similar to what you’d receive with a standard workers’ comp claim.
What if Your Employer Refuses to File Your Workers’ Comp Claim?
Virginia law prohibits employers from retaliating against employees who file workers’ compensation claims. If you find that your employer is unwilling to file the claim, you don’t have to wait for their cooperation. You can file the claim on your own directly with the Virginia Workers’ Compensation Commission (VWCC).
To do so effectively, thoroughly document your injury, report the incident to your employer, and seek medical attention promptly. The VWCC provides forms online that you can submit to initiate the claims process. It’s vital to meet specific deadlines, so consider contacting a workers comp lawyer for guidance to ensure you comply with all procedural requirements.
How a Workers Comp Lawyer Will Help
If you encounter issues with your employer’s workers’ comp insurance status or are met with reluctance to file your claim, remember that you have options. Virginia law provides mechanisms to protect injured workers—even when employers fall short of their obligations. Engaging our firm as your workers comp lawyer will not only facilitate the process but also provide peace of mind as you focus on recovery. The legal landscape surrounding workers’ compensation in Virginia is structured to defend your rights and provide the support you need during a challenging time. Ensuring you understand and utilize these protections can make a significant difference in your recovery journey.