I have a question about workers comp.....?

My husband hurt his knee on the job and the company he works for does not have insurance to cover it. We already found out that they are not required by law to have the insurance becuase the company is so small. I was wondering if they are required to pay for his surgery and physical therapy out of pocket and if they don't, does he have rights to sue?

hell yes you can sue...it is private property and i thought they had to have that insurance with at least 15 empoyees...and even if not,it would be like someone comeing over to your house and tripping over the front step and hurting themselves,they would be able to sue your house insurance and if you didnt have any then they could sue you personaly...but your first thing you ought to do is go straight to the lawyers office and what ever you do...DONT LET YOUR HUSBAND TALK TO THEM UNTIL YOU DO THAT...

The insurance is for your employer to avoid getting sued.If they don't have it then sue

of course they have to pay...If it was a work-related injury they are responsible for him and his recovery...so it doesn't matter that they don't have an insurance company to back up any claims, they have to pay...

Yes absolutely get an attorney. The Company should pay him personally for his medical bills. This is an unethical employer. Tell ur husband to demand his treatment for his injury or contact an attorney on contingency basis.

mbrkatz17 probably is right on target. Your state labor department should be able to help or clarify. it might even be online, so researching the state's website will clarify.

I was under impression that some really small companies (like staff of less than 5) may be covered by default by the state. There should also be a State Uninsured Fund for workers' comp. Hopefully, you have health insurance underwhich you husband can begin to get his medical care.

To protect your interests, it would be very important to get proper medical documentation of the injury, level of impairment/disability, and some eye witnesses or cowkrs or even neighbors to sign an affidavit or be willing to testify/corroborate that it was work related, even if there was some element of "carelessness" or nothing that employer did to put the worker at risk of the injury. That needs to happen ASAP, so that there won't be too many details forgotten or retold inaccurately... people forget, and doctors often record or retell part of the story incorrectly (for example, mechanism of injury, which is crucial info). Getting an attorney experienced in workers' comp (and disability claims or insurance claims) would be very valuable, even if you decide not to sue.

Keep careful, dated/timed notes of every person and contact or conversation you have since there is a lot of dishonesty in the workers' comp business (claimants, survivors, insurers, employers, bureaucrats, clerks, anyone!) If you can, keep a symptom journal (time and date all entries), because this could drag out for years,. ONE reason insurers try to pay or accept the least-possible liability is that sometimes, some degree of disability may be permanent -- or "reason for termination" -- if you can't do the job... even if it is because of workplace injury. Of course, the cheats are present on both (all) sides of the confrontation.

If you accept an insurance payment or settlement, be sure to find out if that will prevent you from future claims, such as lost wages, long-term disability or chronic complications (e.g, severe arthritis; medical complications of treatment). It probably would prohibit you from suing for the injury in most circumstances (long term damages, non-economic "pain and suffering" etc). BUT...I am a doctor, not a lawyer, keep my advice in that context! Good luck.

BULL. There is no law "excluding" small companies from carrying workers comp for their employees.

The way workers comp works, if they don't volunteer to pay for all his physical therapy, surgery, AND LOST WAGES, he can sue, and HE WILL WIN. Any lawyer would take this in a New York minute.

The way the law works, IF the employer carries workers comp, an injured employee can EITHER file under workers comp, OR sue the employer, but can't do both. So, if the employer doesn't have WC (and they might have it, and just be bs'ing you), you WILL have to file suit to get them to pay, most likely, and you will have to retain an attorney.

Which could mean a couple things - he'll likely lose his job, and he might force the employer into bankruptcy and out of business.

If he reports them to the state workers comp board, they can put a "cease and desist" order on the business, requiring them to shut down until they put WC coverage in place, or have a nasty fine, usually about $500 A DAY.

He should apply for disability payments at your local unemployment office. They will set him straight.

I don't think they HAVE too BUT you could probably sue. People sue over dumbass things everyday and win, why not try to sue for a reasonable cause. Big company's are usually hard to win a case against so you might have a chance to get something out of it being a small company in all. Although they can and probably will try to find a loop hole to get out of it some how. It also depends on how the accident happend and if it could have been prevented. Being his fault or there's.

Depends how he hurt his knee. If it was his own mistake and carelesness, you will have a tough time sueing...

Are you saying they are not required to have workers' comp? I would truly investigate all avenues. Call AHCA! Even if you do not intend to sue, obtain the advice of a workers' comp attorney. This is the twenty - first century, employers should be bound to protect their employees. Do not take the brunt of this.

I think he would have to find a reason to sue them then. Something like... He was working in un-safe conditions.

But I would double check with an attorney.

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