I was injured at work and my boss doesn't have workers comp insurance. Now have a permanent ugly scar, and pain in my leg. HELP!

Asked over 1 year ago - Dunedin, FL

I was hurt at work while workers demolished tile and 1 piece exploded and was embedded in my leg. My employer forced me to work an additional 5 hours. Then I went to the ER, I had shrapnel removed, stitches, and now a scar that puffs out the size of a strawberry on the front of my leg due to tissue damage a dr said. The employer has no workers comp insurance, nor did they offer to pay, but acknowledged the fault was there own. I have pictures, a email from the owner, a witness statement, and I had sent my own workers comp claim in and it came back saying they had no workers comp insurance "This is the result of the investigation". My question is can I sue them for damages, pain & suffering, or negligence.

Attorney answers (6)

  1. Jeffrey Marc Friedman

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If your employer did not secure workers' compensation insurance, you can sue them for pain and suffering if they were negligent. Keep in mind, you need to prove negligence. Your employer is only required to have workers' compensation insurance if they have at least 4 employees, unless they are in the construction industry, which requires all employers to have coverage. If your employer was not at all negligent, and should have had workers' compensation coverage, you can pursue a workers' compensation case directly against them.

  2. Keith Patrick Ligori

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Why does your employer not have workers comp. who was individual working for that caused your injury work for? Of he works for seine other then your employer you can go after that employers insurance to pay your medical bills and for your scarring. Good luck.

    Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our... more
  3. David Scott Bromley

    Pro

    Contributor Level 11

    Answered . To add to Mr. Corson's response, if your employer was a subcontractor under a general contractor, you may be able to pursue a workers comp claim against the general contractor's carrier. Consult with an attorney who handles both work comp claims and personal injury claims.

    Legal disclaimer: Legal analysis is for general information, based upon the limited facts provided. Comments are... more
  4. James Mitchell Hoffmann

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Report your employer to your state attorney general and to a fraud unit at your state's DWC. You can usually sue them but the problem is collecting the judgement as no liability coverage will cover what should have been covered under a WC policy.

  5. George Ellis Corson IV

    Contributor Level 20

    Answered . If the tile workers were Contractors, you may be able to sue them. If the tile workers were Employees, you will most likely be able to sue your Employer in Civil Court for Negligence if he did not have WC Insurance.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  6. John M Connell

    Pro

    Contributor Level 19

    Answered . I agree with both answers. Your employer could have personal liability for failing to carry workers comp insurance so talk to a firm that does both personal injury and worlers compensation cases

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