Occasionally, employees get injured while working for an employer that does not have workers’ compensation insurance. However, that does not preclude the employee from seeking benefits for their injuries. If an employee suffers a compensable injury and the employer has not purchased insurance coverage or followed the proper procedures for self-insurance, the employee may request the Minnesota Special Compensation Fund pay the appropriate benefits.
A compensation judge will first determine whether the employer is liable for the worker’s injury and, if appropriate, order the Special Compensation Fund to pay all appropriate compensation benefits to the employee and order the employer to reimburse the Special Compensation Fund along with a penalty in the amount of 65 percent of those benefits.
An uninsured employer does have several defenses it may raise including the employee being an independent contractor, that the employee is a casual employee, and medical causation. The employee must be ready to rebut these defenses and having an experienced workers’ compensation attorney is the first step in doing so. If you have been injured while working, it is crucial that you have the proper representation to protect your rights. At Harvey & Carpenter, our attorneys have more than 50 years of experience helping injured workers navigate the complex workers’ compensation process. Call now for a free consultation at (507) 779-7529.
Understanding the Minnesota Special Compensation Fund
The Special Compensation Fund exists specifically to protect workers whose employers fail to carry required workers’ compensation insurance. When you file a claim through this fund, the process is similar to a standard workers’ compensation claim. A compensation judge will evaluate your case and determine whether your injury qualifies for benefits.
Benefits available through the Special Compensation Fund include coverage for all reasonable and necessary medical treatment, temporary total disability payments while you are unable to work, temporary partial disability if you can work but at reduced capacity, permanent partial disability for lasting impairments, and vocational rehabilitation if you cannot return to your previous job.
Additional Legal Options Against Uninsured Employers
Beyond the Special Compensation Fund, you may have additional legal remedies. Employers who fail to carry workers’ compensation insurance in Minnesota face significant penalties including fines and potential criminal charges. You may also be able to file a civil lawsuit against your uninsured employer, which could result in damages beyond what workers’ compensation typically provides.
Unlike standard workers’ compensation claims where fault is not considered, a civil lawsuit against an uninsured employer allows you to seek compensation for pain and suffering and other damages not available through the workers’ compensation system.
Get Help From an Experienced Mankato Workers’ Comp Attorney
Navigating a claim against an uninsured employer is more complex than a standard workers’ compensation case. At Harvey & Carpenter, we have the experience to guide you through the Special Compensation Fund process and explore all available legal options. Contact us today for a free consultation about your workplace injury claim.
