I was injured at work and my employer doesn’t have workman’s comp. What do I do?

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I was injured at work and my employer doesn’t have workman’s comp. What do I do?

I fell and broke my neck a couple
days ago and I don’t have insurance

Asked on August 18, 2018 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the employer was at fault in causing the accident--e.g. another employee bumped you and caused you to fall; you fell due to a rickety or defective or damaged ladder or stair tread belonging to the employer; etc.--you can sue them for you medical costs, lost wages and "pain and suffering" if you have a long-lasting severe impairment or disability. Where there is no worker's compensation, the employer may be sued; however, as with other types of lawsuits (e.g. a slip and fall; a car accident) there must be fault to hold the other party (your employee) liable. If the employee was not at fault--that is, it was not their fault you fell--they are not liable for your injury.


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