hurt on the job? and your employer doesn't have workers' compensation insurance?

Although many employers have Workers' Compensation Insurance, there are many who have decided not to carry such Workers' Compensation Insurance. They are known as Non-Subscribers. When an employer carries Workers' Compensation Insurance, the insurance carrier is liable for weekly compensation and medical benefits regardless of fault. For more information, please visit our Workers' Compensation section. 

If the employer chooses to do without insurance, the injured worker may bring a lawsuit against the employer for the worker's injuries. Although the employer, by not having Worker's Compensation Insurance, has given up some defenses, the injured employee must prove negligence by the employer or an agent or servant of the employer acting within the general scope of employment.

In some cases the employee's injuries were caused by a third party who is not employed by the same company. Many times the injured employee has a case against this third party.

Here at the Law Offices of Richard Pena we understand how to navigate the complexities of dealing with workers' compensation and insurance companies of the third party involved. Because of our extensive experience in this area we are able to help injured employees navigate around the pitfalls that exist in this system.