Getting hurt at work can put your income and your family’s needs at risk. Finding out your employer has no workers’ compensation insurance can make an already stressful situation even harder. You might wonder whether you have any way to get help with your medical bills and lost wages. Here is what Louisiana law says about your options.
You may still qualify for benefits
Lack of insurance on your employer’s part does not automatically prevent you from pursuing workers’ compensation benefits. Louisiana generally requires employers to secure coverage, either through an insurance policy or an approved arrangement to pay benefits themselves. Even if your employer failed to meet this requirement, you may still have a valid claim if your injury qualifies under state law.
Your employer may remain responsible
If your employer should have carried insurance but failed to do so, you may still be able to seek benefits directly from the employer. However, you must establish your right to compensation, which could become more difficult if your employer refuses to accept responsibility or lacks the money to cover your losses.
You can challenge a refusal to pay
If your uninsured employer refuses to acknowledge your injury or pay benefits, you can file a disputed claim through Louisiana’s workers’ compensation system. In some circumstances, state law may allow you to sue an employer that knowingly failed to secure the appropriate coverage. This option may apply if your employer also fails to pay a final workers’ compensation judgment within the required period.
Protect your right to compensation even with an uninsured employer
An employer’s failure to carry required insurance does not automatically erase your right to seek benefits, but recovering compensation can take additional legal action. Consider consulting a workers’ compensation attorney to review your situation, determine which options apply and explain how you can pursue the benefits your employer owes you.