You may be wondering what to do if you’ve been injured at a job where your employer doesn’t have workers’ compensation insurance. You may worry about how you will pay your medical bills and lost wages. Worry no more. Do these 14 things to obtain justice and compensation you deserve for injury at work:
1. Get Medical Treatment
The first thing you should do is get the medical treatment you need. Your health and wellbeing are the most important things. Once a doctor has seen you, keep all your medical records and receipts. Also, get a list of all the medications you were prescribed. These will come in handy later.
2. Contact a Personal Injury Attorney
If you’ve been injured at work and your employer doesn’t have workers’ compensation insurance, you may be able to file a personal injury lawsuit against your employer. An experienced personal injury attorney can help you determine whether you have a case and what your next steps should be. Also, your lawyer will be able to give you the best advice on how to proceed and get the compensation you deserve.
3. Know Your Rights
As an employee, you have the right to a safe workplace. If your employer fails to provide a safe working environment and you are injured, you may be able to sue your employer for negligence. Besides workers’ compensation, other laws protect employees, such as the Occupational Safety and Health Act (OSHA).
4. Get a Copy of Your Personnel File
If you’re planning on filing a lawsuit against your employer, you will need to get a copy of your personnel file. This will help your attorney build your case. To get a copy of your personnel file, you will need to submit a written request to your employer. Your employer is required to provide you with a copy of your personnel file within a reasonable amount of time.
5. Gather Evidence
If you plan to take legal action against your employer, you must gather evidence to support your case. So it would be wise to start gathering evidence to support your claim. This can include witnesses’ contact information, your medical records, and photos or videos of the unsafe working conditions.
6. File an Accident Report
If you were injured at work, it’s vital that you file an accident report with your employer. This will document your injury and create a paper trail. Your employer should have an accident report form that you can fill out. If not, you can write your own accident report. Be sure to include as many details as possible, such as what happened, when, and where.
7. Calculate Your Lost Wages
If you’ve been injured at work and can’t work, you may be able to receive compensation for your lost wages. To calculate your lost wages, you will need to know your hourly wage and how many hours you would have worked if you weren’t injured. You should also keep track of any vacation, sick, or personal days you use as a result of your injury.
8. Notify Your Employer
You should notify your employer of your injury as soon as possible. This way, they are aware of the situation and can’t claim they didn’t know about it. Remember to keep a copy of the notification for your records. You can notify your employer in writing or verbally. If you notify them verbally, be sure to follow up with a written notice.
9. Serve Your Employer
If you decide to file a lawsuit, you will need to “serve” your employer with the legal papers. This means that someone must physically hand them the documents. Thus, you will need to know your employer’s address. You can usually find this information on your pay stubs or W-2 form to have the document manually delivered to your employer.
10. File a Lawsuit
If you are still not getting the compensation you deserve, you can file a personal injury lawsuit against your employer. Note that an experienced personal injury attorney can help you determine whether you have a case and what your next steps should be.
11. File a Claim with the State
In some states, you can file a claim with the state if your employer doesn’t have workers’ compensation insurance. Each state has its own process and deadline for filing a claim, so it’s essential to act quickly. Thus, if you plan on taking this route, you will need to contact your state’s workers’ compensation office.
12. Go to Court
If your employer doesn’t respond to your lawsuit, you can ask the court for a default judgment. This means the court will rule in your favor without hearing your employer’s side of the story. Besides, even if your employer does respond, you will still have to go to court for a trial.
13. Get a Judgment
If the court rules in your favor, you will receive a judgment against your employer. This is a formal document that states how much money you are owed. Also, the court will order your employer to pay your legal fees and expenses. Be sure to keep a copy of the judgment in a safe place.
14. Collect Your Money
Once you have a judgment, you will need to collect the money from your employer. If your employer doesn’t pay, you may need to take further legal action to collect the money you are owed. Moreover, if your employer doesn’t pay the judgment, you can ask the court to garnish their wages or put a lien on their property.
Conclusion
If you are injured on the job, it is vital to take action as soon as possible. This includes seeking medical attention and gathering evidence of the injury. You may also want to speak with an attorney about your legal options. Remember, if you are injured at work and do not have workers’ compensation insurance, you may be able to file a personal injury lawsuit.