It is illegal for your employer to not have workers' compensation insurance in most states. If your employer does not have insurance, notify your state workers' compensation review board immediately. If you make an agreement with your employer to pay workers' compensation benefits to you directly, be sure to get this agreement in writing. However, if your employer refuses to pay you a workers' compensation benefit or medical expenses and is uninsured, file a workers' compensation claim against your employer through your state's workers' compensation review board.

Depending on your state's specific laws regarding uninsured employers, you may have more than one option. In some situations an injured worker will have grounds for filing a lawsuit. In others, the state provides a guaranty fund that pays benefits to injured workers for employers that are uninsured. The state then seeks to secure compensation for this payment from the uninsured employer.

If you have a workers' compensation claim and your employer is uninsured, click here for a free evaluation of your case.

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