Q. What if my employer does not have workers compensation insurance?
A: The Virginia Workers Compensation Commission has an uninsured fund. If your employer was suppose to have workers’ compensation insurance and they did not, you can still get your workers’ compensation benefits through the uninsured fund. Your benefits will be the same as if your employer did have insurance. There is one difference and that is that your claim will automatically be contested. The uninsured fund cannot automatically accept the compensability of a work injury. You need to file a Claim Form with the Virginia Workers’ Compensation Commission and go through the litigation and hearing process. If you prevail, the uninsured fund will seek reimbursement from your employer. Sometimes there are companies that are called “statutory employers” who will be liable for your work injury. For example, if you work for a subcontractor and are hurt on the job and the subcontractor has no workers’ compensation insurance, you may get workers’ compensation benefits through the general contractor’s workers’ compensation insurance. It is best to speak to an attorney if your employer has no insurance to determine if there are any statutory employers in your case! It is a free consultation.
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