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ktk824 | What are legal obligations for a small business owner if an employee gets injured? |
have no insurance |
 |
 
killintimer
|
Depends on the state and the number of employees the business has. Some states require all businesses to have Workers Compensation (WC) coverage. Other states exempt certain types of employers (i.e. agricultural) or employers who have a very small number of employees (perhaps 2 or 3 at the most).
If, in your state, you were required to carry WC but did not, some states require you to pay what WC would pay out of your own pocket. Others would expose you to the risk of a lawsuit like I mention in the next paragraph.
If you were not required to carry WC (for one of the reasons mentioned above), your employee could sue you in court alleging negligence and seek damages just like an auto accident. The employee would only recover if the jury found you at fault. But the concept of "comparative negligence" does not apply in these cases. If an employee is partly at fault for their own injury, they can still collect the full award without it being reduced because they were partly at fault.
Confusing??? |
|
KB
 |
what kind of agreement did the employee sign at the time of hire? Did they get injured due to: unsafe environments, unsafe equipment, lack of training?
If you don't have a contract in place between the employee and the employer waiving their rights if they get injured, there is a high likelihood that they have the right to sue you for medical expenses. If I were in your shoes, i would call a lawyer ASAP. |
|
Smiley
|
Depends on your state. But most states require businesses to have "workers' comp" coverage. If they got injured at work, you are liable. |
|
rachellynn200
|
You have to abide by your state's worker's comp laws.You should be fully responsible and have insurance to cover this. |
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js
 |
You have to pay his medical bills and maybe for pain and suffering or scarring |
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patience3987
|
If you have no insurance and you haven't been paying workman's comp, than you have the obligation to pay for missed work and injuries IF they were injured on the job. I'd suggest you get an attorney to protect yourself. |
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ineedtono
|
SELL UR BUSINESS AND GIV THEM THE PROPER CARE THEY DESERVE |
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Rusty Nails
|
You didn't say if it was on the job.. |
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jdhayman
|
are you paying into workmans compensation? Does the employee have insurance? What is the relationship? If not cover your *** and get an labor attorney now and don't talk about this. |
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Panacea
|
It's illegal to have no insurance. You will likely end up in jail if you don't act to cover any liability for an employee injured on the job.
You need a lawyer. |
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Gray Rock
|
Apply a bandage. |
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steve_daly
 |
Check with your state employment office. Some of the rules differ from state to state and depend on the size of your organization. |
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