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What if My Employer Does Not Carry Worker’s Compensation Insurance and I Suffer a Workplace Injury in Virginia?

Many victims of workplace injuries may worry after suffering a workplace injury that their employer may not be in compliance with Virginia law requiring that the employer carry worker’s compensation insurance and what this may mean for them. At Kalfus & Nachman, our experienced Virginia worker’s compensation attorneys understand that if you have been injured in a workplace incident, your mind is likely on what the economic repercussions of that injury will be for both you and your family rather than whether your employer was compliant with the law at the time of your workplace injury or not. However, rest assured that even if it turns out that your employer was not in compliance with Virginia law requiring that employer to carry worker’s compensation coverage does not mean that you are without luck. Instead, Virginia has a dedicated pool of money called the Uninsured Employees Fund that is utilized to ensure injured workers whose employers violated the law receive the compensation they deserve and are entitled to under Virginia law for their workplace injury.

Virginia Requirements for Employers When It Comes to Worker’s Compensation Coverage

The Virginia Worker’s Compensation Act requires the vast majority of employers to carry workers' compensation insurance. If an employer regularly employs more than two part-time or full-time employees, including subcontractors, the employer is required by Commonwealth law to carry worker’s compensation coverage. This coverage is mandatory and there are no procedures for obtaining a waiver or an exemption from the law. Any employer that fails to comply with these requirements can be assessed a civil penalty of $250 for each day it fails to maintain worker’s compensation insurance, up to a maximum civil penalty of $50,000.

That Is Wonderful That My Noncompliant Employer Can Be Financially Penalized, But What Options Do I as The Injured Worker Have?

It’s all well and good that your employer may be penalized by the imposition of serious fines if it does not comply with the law requiring it to carry worker’s compensation insurance. However, as the injured worker who is suddenly looking at time out of work (and likely lost income) as a result of your workplace injury, your concern is not the imposition of fines against your employer, but in how you will go about receiving compensation for your injury. Thankfully, Virginia law has established what is referred to as the Uninsured Employers’ Fund, or UEF as it is more widely known. This is a state-administered fund that provides for compensation and medical payments to injured workers whose employers may have been in violation of Virginia law requiring them to carry worker’s compensation coverage. An injured worker makes a claim to the UEF, which then pays for the injured worker’s medical treatment and lost wages as if the employer had been carrying worker’s compensation insurance as required by Virginia law. The state will then go after the employer to recoup the actual cost of medical care and compensation payments in addition to penalties, but that is not the injured worker’s problem-the injured worker will still receive the benefits he or she is entitled to under Virginia law.

Protect Your Rights by Retaining an Experienced Virginia Workers’ Compensation Attorney

If you have suffered a workplace injury in Virginia, then worker’s compensation coverage is supposed to exist to cover that scenario. However, sometimes employers may not be in compliance with the applicable laws concerning worker’s compensation. Rest assured that the experienced Virginia worker’s compensation attorneys at Kalfus & Nachman have faced this scenario before and we have successfully taken the steps necessary to protect our clients’ interest and ensure they receive all lost wages and other compensation they are entitled to as a result of your workplace injury by filing a claim with the Uninsured Employees Fund. If you have been injured in a workplace incident in Virginia, please contact Kalfus & Nachman today at (855) 880-8163 or through the form on this page to schedule a free consultation. Our experienced Virginia workers’ comp lawyers are here to help you.

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