In Arkansas, most employers must carry workers’ compensation insurance to provide medical care and wage replacement for injured employees. However, some employers fail to meet this requirement, leaving workers vulnerable. If you’ve been injured at work and your employer does not have workers’ compensation insurance, you still have options to recover the compensation you deserve. You are not left without recourse, but acting quickly and understanding the steps involved in protecting your rights is essential.
The Arkansas Workers’ Compensation Commission (AWCC) requires most businesses with three or more employees to have workers’ compensation insurance. If your employer lacks coverage, you can file a claim directly against them in civil court. This can allow you to recover damages for medical expenses, lost wages, and more. But before pursuing legal action, it’s essential to understand how these claims work and the specific steps to take.
Arkansas Workers’ Compensation Requirements and Exceptions
While most employers in Arkansas must carry workers’ compensation insurance, there are exceptions. For example, businesses with fewer than three employees, agricultural employers, and some charitable organizations may be exempt. However, just because an employer falls into an exemption category doesn’t mean you are without options if you’re injured.
If your employer is required to have insurance and does not, they may face penalties from the AWCC. Additionally, you have the right to pursue a legal claim outside the workers’ compensation system. This allows you to recover damages that might not be available under a traditional workers’ comp claim, such as compensation for pain and suffering, which workers’ compensation generally does not cover.
Steps to Take If Your Employer Does Not Have Workers’ Comp Insurance
If you’ve been injured at work and discover your employer lacks the required workers’ compensation insurance, you should take immediate action to protect your rights. The following steps can help guide you through the process:
1. Report the injury to your employer. Regardless of insurance status, notify your employer of your injury immediately. This ensures a record of the incident exists, which will be necessary for any legal claims you pursue.
2. Seek medical attention. Your health and well-being are the top priority. Ensure you get the necessary medical treatment for your injury, and keep records of all related expenses.
3. Consult an attorney. The situation becomes more complex if your employer does not have workers’ comp insurance. Consulting with a workers’ compensation attorney will help you understand your rights and the best path forward. You may be able to file a civil lawsuit against your employer for negligence or breach of duty.
4. File a complaint with the AWCC. The Arkansas Workers’ Compensation Commission takes the issue of uninsured employers seriously. You can file a complaint with the AWCC, which may result in penalties against your employer and additional support for your case.
5. Explore legal options for compensation. Without workers’ compensation insurance; your claim may proceed in civil court, where you can seek compensation for medical bills, lost wages, and potentially additional damages like pain and suffering. This is an important distinction from traditional workers’ compensation, which only covers direct losses related to the injury.
What Happens When You File a Lawsuit Against an Uninsured Employer
When an employer does not carry the required workers’ compensation insurance, you can pursue a lawsuit against them in civil court. This lawsuit allows you to seek compensation for the full scope of your damages, which may include more than what workers’ compensation would have provided.
However, pursuing a claim in civil court is challenging. The burden of proof is to show that your employer’s negligence or unsafe working conditions directly caused your injury. This may involve gathering witness statements, securing expert testimony, and collecting other evidence to build a strong case.
Your attorney will be instrumental in handling this process. They will ensure that your lawsuit is filed correctly, within the required time frame, and with the necessary evidence to support your claim. If successful, you can recover compensation for your medical bills, lost wages, future loss of income, and potentially damages for pain and suffering.
Learn More About Arkansas’ Workers’ Compensation Laws by Speaking with Our Experienced Work Injury Lawyers
If you were recently injured on the job and have questions about your right to file a workers’ compensation claim, reach out to the Law Office of Jason Hatfield to schedule a free consultation. At our firm, we have decades of experience connecting injured workers with the compensation they need to overcome their injuries and get their lives back on track. To learn more, and to schedule a free consultation today, give us a call at 479-361-3575. You can also connect with us through our secure online contact form.