Injured While Working For An Uninsured Employer
What if you suffered a personal injury on the job in the Coachella Valley
and your employer didn't have Workers Compensation Insurance? Suppose
you need medical attention because of your injuries; but you are unable
to work and have no money for the doctor bills, prescription charges,
and therapy charges. An injured worker has two potential legal actions
that can be filed against the willfully uninsured employer which are not
mutually exclusive. A worker who is injured on the job can sue his or
her employer in Superior Court for all damages suffered and that will
be suffered in the future resulting from the injury on the job if the
uninsured employer was negligent in causing the injury. Because the employer
was uninsured the employer cannot use the defense of comparative negligence
against the injured worker. The injured employee is also given the benefit
of a presumption that the employer was negligent. In addition to filing
a civil lawsuit against the uninsured employer, the injured employee can
also file a Workers Compensation Claim against the employer. There are
severe penalties that may be assessed against the employer. Because of
the poor economy in Palm Springs and Palm Desert, there is a significant
number of employers involved in
construction accidents
that are uninsured. It is very important for employees to learn in advance
of any on the job injury whether or not the employer is covered by workers
compensation insurance. If you are injured on the job you should call
the Palm Springs Construction Accident Lawyer at Barry Regar APLC.
Posted By
Barry Regar APLC
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