I was injured on my job the business had no workers comp. And after going on my own for a bit, I ended up with a awesome wc lawyer. My question should I wait to take the business to court? As I feel he let me go because of his not having worker comp. Or is this something my lawyer would also take on? And if I do it myself would I take it to small or civil when filing? Thank you
Take the business “to Court” for what? Retaliatory termination? If that is your concern, ask your lawyer about “REDA.”
This answer is intended as general information and not as specific legal advice.
There's a lot more information to see if you'd be better off by going "to court." First, going to court is an expensive proposition. Lawyers know this, because they're the ones that usually front the expenses while things move forward. For this to make sense, the lawyer has to feel comfortable that (1) the case is winnable (or at least likely winnable, because no real trial lawyer wins every single case) and (2) the anticipated expenses don't exceed the benefits in litigation. These are factors that, under our ethical rules, lawyers can consider and should discuss with you when deciding to represent you or continuing to do so.
With uninsured employers, it's a tough decision. There are some out there that have assets to satisfy their obligations to pay, if the Industrial Commission orders them to. There are others that simply forgot to get workers' compensation insurance and later have to come into coverage compliance. There are yet others that are fly-by-night outfits, and you will never have a chance to recover anything from them. As a lawyer, these are factors that are difficult to discuss with folks--because (1) they are not fair compared to what's happened to you and (2) I've never met a potential client who didn't think the process of recovery was a whole lot easier than it really is--but they are necessary considerations in all cases.
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