What happens when my employer does not have workers’ compensation?

On Behalf of | Oct 3, 2019 | denied workers' comp claims | 0 comments

It is a reasonable assumption in Pennsylvania that if you get injured at work, your employer will be liable for your injury and any resulting expenses. Typically, injuries are covered as part of the workers’ compensation system, according to the Department of Labor & Industry. Under the law, most employers must carry this insurance. So, you should have no issues filing a claim and getting your expenses paid. You may even get lost wages paid. However, if your claim is denied, it could be because your employer does not have coverage.

Even though most employers must carry workers’ compensation insurance, some employers may break the law and not carry it. In this case, you have the right to sue your employer for your related expenses. Your employer will also face fines and penalties from the state for not having coverage.

In addition, Pennsylvania has established the Uninsured Employers Guarantee Fund.  This Fund pays lost wage and medical benefits if your employer does not have insurance.  However, the Fund has strict requirements for filing and documentation.  It is extremely important to file a claim with the Fund as soon as you find out your employer is uninsured.

If your employer tries to tell you that you are not covered yet by the insurance, then you need to investigate. Workers’ compensation starts from day one. You are always covered by it. If your employer tries to tell you this, it likely means it does not have coverage.

This information is for education and is not legal advice.