• Injured at Work? What Now?

    If you have been injured in a workplace accident, here are several important steps you must take to get compensation for your injuries and lost wages.

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  • Trouble With Your Workers Comp Claim?

    If you have questions about your claim or if your worker's compensation claim has been denied our attorneys can help.

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  • What's Your Claim Worth?

    Not all work injuries claims are the same, some are worth more than others. We can help get you the most out of your claim.

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  • Do You Need an Attorney?

    Not sure if you need an attorney? Call us today and speak with an attorney for free. We can help answer your questions and get you on the right track.

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What if my employer has no workers’ compensation insurance?

What if my employer has no workers’ compensation insurance? 2016-10-30T13:42:31+00:00

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 for benefits 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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