Workers’ comp is an employer-provided insurance meant to cover you in case of an injury on the job. If it works correctly, the entire process should go smoothly and help the employee get better as quickly as possible. However, that’s not always the case. As a Memphis workers’ comp lawyer, I sometimes see situations where the employer can’t or won’t pay. What can you do in this situation?
Employers Are Required By Law to Carry Workers’ Comp
In the state of Tennessee, the law clearly requires all employers with five or more employees must have workers’ comp insurance. And it’s even stricter for construction companies, who must carry workers’ comp if they have any employees at all.
This includes employees of all kinds, and it doesn’t discriminate:
It doesn’t matter if you’re full or part-time.
Any employee is entitled to compensation if they get injured on the job. So even with five part-time employees, the employer has to have workers’ comp insurance.
It also doesn’t matter what your job entails.
Whether you work as a truck driver or a desk clerk, workers’ comp covers you if the injury happens on the job.
Additionally, employers can’t discriminate based on immigration status.
Many undocumented workers might understandably not want to report an on-the-job injury. However, under the laws of this state, their employer’s workers comp insurance fully covers every single worker.
Lastly, the law applies even for family.
Oftentimes small businesses employ close relatives and the atmosphere feels familiar and safe. That’s all great, but you still have to carry workers’ comp insurance—and as you’ll see below, that’s as much for your benefit as it is for your employees.
It’s Far Better for the Employer to Carry Workers’ Comp
If you have more than five employees, it is quite literally illegal not to have workers’ comp insurance. But in some industries, like construction or entertainment where injuries often affect contractors (who aren’t technically employees), many employers prefer to have this insurance even when they might not legally be required to carry it.
That’s because workers’ comp insurance protects everyone involved, including the employer.
Workers’ comp usually allows everyone to work through an insurance company. This shields the employer from being responsible when something goes wrong.
If an employer doesn’t have insurance or refuses to report an injury, they become liable in civil court. That means they would likely have to pay out of their own money for an injured employee.
This is unusual, but it does happen. Employers could lose everything, just because they refused to comply with this very basic law.
Memphis Workers’ Comp Lawyer for When An Employer Won’t Pay
Workers’ comp is meant to keep things uncomplicated, but it doesn’t always work this way. Sometimes employers try to argue the accident didn’t happen on the job. Sometimes the insurance company refuses to pay what you deserve. Or, sometimes like we discuss above, the employer doesn’t follow the law. As a result, sometimes you need a workers’ comp lawyer to help.
Our attorneys work to make your workers’ comp claim as strong as possible. We stand up for the little guy every day, and we’re prepared to tackle any situation that might arise after you’ve been injured on the job. Plus we don’t make a penny until you do.
Contact me today to get started with a free conversation. You can call me at 901-327-2100 or fill out the form below.