I Didn’t Have Insurance, But The Injury Was Their Fault

April 12, 2019
Sacks & Zolonz, LLP
Los Angeles uninsured employer’s attorney

You messed up. You missed a workers’ compensation payment. Along with all of the other bills that came in, you just forgot. Unfortunately, that lapse can cost you.

You probably already knew that. The state of California takes any labor violation by an employer seriously and they can levy serious fines and even jail time against those found guilty. However, anyone failing to provide workers compensation insurance is also opened up to personal injury lawsuits from injured workers. This can be detrimental to a business.

Sacks & Zolonz, LLP is here to help if you find yourself facing accusations of not having workers compensation insurance. When you need a Los Angeles uninsured employers attorney, call us today.

Civil Actions Can Happen

As much as an employer may hate paying workers’ compensation premiums, the system is in place to protect both the worker and the employer. When a person is injured at work, workers’ compensation insurance is going to cover the medical costs of that injury regardless of who was at fault in nearly all cases. This means that you, as the employer, are not on the line for paying exorbitant medical costs, lost wages, or pain and suffering damages, even if the injury was caused by you or another worker.

However, if you do not have insurance at the time of a worker injury, you could find yourself on the wrong side of a civil personal injury lawsuit, regardless of who was at fault.

Yes, even if the employee was at fault, if they were hurt at work and you do not have workers’ compensation insurance, you could be held liable for their expenses. This includes:

  • Their medical costs related to the injury
  • Wages and benefits if they cannot work
  • Their pain and suffering damages

On top of the massive fines and jail time the state can bring against you, a civil lawsuit could ruin your business.

Can An Employee Sue Me If I Have Workers’ Compensation?

There are very limited occasions in which an employee can bring a personal injury claim against an employer if they are covered with workers’ comp. They can do so if they are injured due to:

  • Intentional acts by the employer
  • Fraudulent concealment of the injury by the employer
  • An employer fails to have a guard on a power press

An employee can also file a lawsuit against a third-party contractor that is responsible for an injury in the workplace.

What We Can Do Now

We know that running a business is complicated. There are so many things to keep up with and your goal is to generate revenue. However, it is vital that all worker benefits get paid, including workers’ compensation insurance. Sacks & Zolonz, LLP is here to help if you have been accused of not having insurance for your employees. We know that mistakes are made from time to time and we do not believe those mistakes should give you a criminal record. When you need a Los Angeles uninsured employers attorney, you can contact us for a consultation by clicking here or calling 310-216-7778.

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