If you’ve been injured at work and discover that your employer lacks workers’ compensation insurance, you may feel uncertain about what to do next.
In Louisiana, the law requires employers to carry workers’ compensation insurance to protect employees from the financial impact of work-related injuries. However, if your employer is non-compliant, it doesn’t mean you’re without options.
At Crescent City Personal Injury, led by John Radziewicz, we can guide you through the legal avenues available. We have extensive experience helping injured workers in New Orleans and throughout Louisiana secure the compensation they deserve.
Your Rights as an Injured Worker in Louisiana
Even if your employer does not have workers’ compensation insurance, you still have legal rights under Louisiana law. Without workers’ compensation, injured employees can file a personal injury lawsuit against their employer.
This legal action opens the door to a broader range of compensation than what workers’ comp typically provides. In fact, employers who fail to carry insurance can face additional liability, which may lead to higher compensation
What Compensation Can You Pursue?
Without workers’ compensation, you can pursue a personal injury lawsuit for the following types of damages:
- Medical Expenses: Full coverage for your medical bills, including hospital stays, doctor visits, physical therapy, and ongoing treatment related to your injury.
- Lost Wages: Compensation for income lost during your recovery, and in some cases, future income if your injury affects your ability to work long-term.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and impact on your quality of life due to the injury.
- Punitive Damages: In cases of gross negligence or intentional misconduct by your employer, the court may award additional damages as a punishment and deterrent.
Filing a lawsuit may be more complex than filing a standard workers’ comp claim, as it requires proving that your employer’s negligence directly contributed to your injury. However, it can also result in potentially higher compensation.
Steps to Take After a Workplace Injury in Louisiana
If you’re injured at work and your employer doesn’t have insurance, there are important steps you should take to protect your rights and strengthen your case:
- Report the Incident: Notify your employer about the injury immediately. Even without insurance, reporting the injury ensures there is an official record.
- Seek Medical Attention: Your health should be the priority. Get medical care as soon as possible, even if the injury seems minor. Prompt treatment also provides essential documentation for your legal case.
- Consult an Attorney: A skilled attorney will help you understand your legal options, gather evidence, and pursue the best path for compensation, whether it’s filing a lawsuit or pursuing a third-party claim.
- File a Complaint with the State: You can file a complaint with the Louisiana Workforce Commission (LWC), which enforces workers’ compensation compliance. The LWC may impose penalties on your employer for failing to carry insurance.
- Consider Legal Action: If necessary, filing a personal injury lawsuit against your employer may be the best course of action. An attorney can help you prove that the injury occurred due to the employer’s negligence, unsafe conditions, or failure to provide proper safety measures.
Employer Penalties for Non-Compliance
Louisiana employers who do not carry workers’ compensation insurance face significant consequences, including:
- Fines: Employers may face substantial fines that increase with repeated offenses.
- Stop-Work Orders: The LWC can issue an order to stop operations until proper workers’ compensation coverage is obtained.
- Criminal Charges: In extreme cases, employers may be criminally charged for failing to comply with the law.
While these penalties hold employers accountable, they do not directly compensate the injured worker, which is why pursuing your own legal action is essential.
Challenges of Pursuing Compensation Without Insurance
Pursuing a claim against an uninsured employer is more complex than filing a workers’ compensation claim. Unlike workers’ comp, which is based on a no-fault system, a personal injury lawsuit requires proving that the employer’s negligence caused your injury. This means gathering substantial evidence, such as:
- Photos or videos of the accident scene
- Witness statements from coworkers or others present at the time
- Medical records documenting your injuries and treatment
- Evidence of unsafe working conditions
Additionally, employers may attempt to deny responsibility or retaliate against you for filing a claim. Having an experienced attorney by your side is essential to navigate these challenges and protect your rights.
Contact Our Experienced Workers’ Compensation Attorneys at Crescent City Personal Injury Today
At Crescent City Personal Injury, we understand the difficulty of dealing with a workplace injury, especially when your employer lacks insurance. Whether you need help filing a complaint, gathering evidence, or pursuing a lawsuit, we are committed to defending your rights and getting you the compensation you need.
We know how to handle complicated cases involving uninsured employers, and we will work tirelessly to ensure that you are treated fairly and receive the compensation you’re entitled to. Contact us today for a consultation, and let us fight for you.
FAQs
1. What should I do first if my employer doesn’t have workers’ comp insurance?
You should immediately report your injury, seek medical treatment, and consult an attorney. This creates an official record and ensures your rights are protected.
2. Can I still recover compensation if my employer lacks workers’ comp coverage?
Yes. You may be able to file a personal injury lawsuit against your employer, which could provide broader compensation than workers’ comp, including pain and suffering.
3. What damages can I recover through a personal injury lawsuit?
You may be eligible to recover medical expenses, lost wages, pain and suffering, and in some cases punitive damages if your employer acted with gross negligence.
4. Can my employer be penalized for not carrying workers’ comp insurance?
Yes. In Louisiana, employers who fail to carry insurance may face fines, stop-work orders, and even criminal charges in severe cases.
5. Is it harder to win a case against an uninsured employer?
Yes. Unlike workers’ comp, you must prove that your employer’s negligence caused your injury. Evidence like medical records, photos, and witness statements can strengthen your claim.
6. How can an attorney help in cases involving uninsured employers?
An attorney can investigate your claim, gather evidence, file a lawsuit if needed, and hold your employer accountable, while also protecting you from retaliation.