Who Covers Your Medical Expense if The Employer Does Not Carry Workers’ Compensation Insurance?


As per the Virginia law, employers must comply with the regulations set for the protection of their employers, out of which workers’ compensation is one of them. After being injured at the workplace, many workers are scared of their future and the economic repercussions of their injury if their employer does not carry workers’ compensation insurance. If it turns out to be true, you may have immense worry about what to do next. In such cases, you must seek advice from a work injury lawyer in Virginia

What happens if the employer does not have a workers’ compensation lawyer?

Fortunately, if your employer does not carry workers’ compensation, you can still get monetary compensation through the Uninsured Employees Fund (UEF). The fund guarantees compensation for the workers whose employers do not comply with the Virginia law to get the medical treatment they need to recover completely. 

Workers’ compensation is mandatory for various employers. If the employer has more than two part-time or full-time employees, they must be insured by workers’ compensation for their workers. There is no special exemption. In situations where employees fail to comply with the law, they can receive heavy penalties. 

What should you do next?

Although your employer will receive penalties, your ultimate goal is not to charge your employer with penalties but to get the compensation that covers your medical treatment and loss of wages related to it. Your immediate step after sustaining an injury at work should be: 

  • Report the accident: You must report the accident immediately to your employer in writing and keep a copy of the report with yourself. Failure to do so can cause the employer to think you are faking your injuries or did not result from work. 
  • Seek medical treatment: Go to the doctor right away. If your injuries are not severe, you should still let a doctor diagnose them and get a report from the doctor about the treatment. 
  • Talk to a lawyer: When your employer does not have workers’ compensation insurance, you must seek legal help from a lawyer. The lawyer will help you file for UEF to ensure you get compensation for your injuries. 

After filing for UEF, you will receive compensation for your medical treatment and loss of wages. Later, the state will go after the uninsured employer to recover your medical treatment and loss of wages and penalties. However, you will continue to receive monetary benefits from the state for your damages. 

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