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Castle Law Office

Q
Is It Legal for My Employer Not to Have Workers’ Comp Insurance?

A

It may or may not be legal for your employer not to have workers' comp insurance.

It’s important to remember that workers’ compensation is a state-run program. There are some employees who are covered under a federal plan, but they work in specific fields or directly for the federal government.

Each state has different rules about how workers’ comp insurance is handled, which makes it very difficult to give a universal answer.

In some states, very small companies can opt out of carrying workers’ comp. What constitutes a small business will vary depending on where the business is located and what type of business it is. There are other exemptions that allow some businesses to opt out of carrying workers’ comp based on the type of work being performed.

The easiest way to find out if your employer is legally required to carry workers’ compensation insurance is to consult an attorney who is knowledgeable about workers’ compensation laws in your state. You can also find this information for yourself by looking up your state’s workers’ compensation laws. A good place to start is at the Department of Labor for your state.  

If you're injured on the job and your employer doesn't carry workers’ comp, you do still have options. Some states have set up funds to help you if your employer has decided to opt out of carrying workers’ comp insurance. In some instances you can file a civil suit against an employer who isn't covered. 

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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