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What Happens If My Employer Does Not Have Workers’ Compensation Insurance?

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.