Can I sue my employer for not having workers' comp?

by Tony

I fell off a ladder at a school that my company asked me to go too. I was putting in wires in the ceiling. The ladder I was on slid and I fell and got a compound fracture in my wrist. I told my boss and he said he'd get the number for workers' comp.

Now it's three days later and he says doesn't have workers' compensation insurance, but he said he will pay the hospital bills. I need surgery to get a plate in my wrist.

Can I sue him for not telling me he didn't have workers' comp until 3 days after my injury? Is it illegal for an employer not to have WC benefits? I just don't know what to do. Any information you can give would be greatly appreciated.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I sue my employer for not having workers' comp?":

Tony (FL):

You have an absolute right to sue your employer for your damages if he did not carry workers' comp insurance. Your damages can include payment of your medical and/or chiropractic bills, out-of-pocket expenses (for medications, bandages, costs of travel to and from treatment, etc.), all your lost wages due to the injury, and for your pain and suffering.

If your employer had in place at the time of your injury workers' compensation insurance, you would have been entitled to about two-thirds of your lost wages, reimbursement for your medical and/or chiropractic bills, and out-of-pocket expenses.

Under workers' comp laws in Florida, you would not have been entitled to compensation for your pain and suffering.

To succeed in a workers' comp lawsuit against your employer, you will most likely need the services of an experienced attorney. A case like this is too complex for a layperson to handle on their own.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Workers Compensation Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: