An injured worker signs documents provided by his Alabama work injury attorney.

What If My Alabama Employer Doesn’t Have Workers’ Comp Insurance?

If you've been injured at work and your employer doesn't have workers' compensation insurance, you still have options for seeking compensation. Learn about your rights and the role of legal representation in such cases from our Alabama work injury attorneys.

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Uninsured Employer? You Have Options After a Work Injury!

Concerningly, our attorneys have encountered people who were injured at work and discovered their employer doesn’t have workers’ comp insurance. This raises important questions about legal rights, options for seeking compensation, and the role of legal representation in such cases. We want to arm you with the knowledge we have regarding Alabama work injury claims so that you can take the right steps after an on-the-job injury.

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Is Workers’ Compensation Insurance Required in Alabama?

According to the Alabama Workers’ Compensation Law, employers who regularly employ less than five employees are not required to have workers’ compensation insurance coverage. Employers of domestic workers, farm laborers, or casual employees, as well as those in municipalities with a population of less than 2,000, are not mandated to provide coverage but can choose to be covered by the provisions of the law.

Employers involved in the construction of new single-family, detached residential dwellings are also exempt from the requirement. 

Though there are exceptions, most companies with more than five employees are required to have workers’ compensation insurance coverage in Alabama.

What Are My Options If My Employer Isn’t Covered?

When faced with a situation where your employer isn’t covered by workers’ comp insurance, it’s essential to understand the specific options available to you based on your employer’s coverage status. Let’s delve into potential scenarios and the corresponding legal considerations.

Employer Is Uninsured & Not Required To Carry Workers’ Comp

In cases where an employer lacks workers’ comp insurance, seeking compensation for work-related injuries can be complicated. Injured workers should first explore any alternative compensation plans offered by their employer. If none exist, you may have the option of filing a personal injury lawsuit against your employer, potentially covering medical expenses and lost wages. 
However, legal complexities may arise in these cases, underscoring the need for competent legal counsel with experience in workplace injury cases. For example, unlike a workers’ comp claim, a personal injury claim requires proof that the other party (in this case, your employer) demonstrated negligence and was primarily responsible for your injuries. A Montgomery work injury lawyer can help you understand what path is best in your unique situation with a free consultation.

Employer is Uninsured & Required To Carry Workers’ Comp

When an employer is required to have workers’ compensation insurance but fails to do so, it can result in penalties such as fines, lawsuits, or even closure. In this situation, legal guidance to safeguard your rights and navigate the intricate legal implications involved is necessary.

Let Our Dedicated Attorneys Assist You Throughout the Process

The aftermath of a work-related injury, especially when your Alabama employer doesn’t have workers’ compensation insurance, can be overwhelming. Our team of dedicated attorneys at Floyd Hunter Injury Law in Montgomery and Millbrook is committed to assisting you throughout this process. We understand the complexities of Alabama work injury law and can help you explore all available options to seek the compensation you deserve.

Our attorneys are here to provide guidance and work diligently to protect your rights and pursue rightful compensation.

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