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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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