Visitor Question

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

Submitted By: Tony (FL)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tony,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 3, 2014

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