If my employer does not have workmans comp andI have been hurt on the job, what canI do?

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If my employer does not have workmans comp andI have been hurt on the job, what canI do?

I have no form of insurance and need medical help.

Asked on December 16, 2011 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may try to sue your employer, but they would typically only be liable if they were at fault in some way--they provided wrong or defective tools; the workplace was unsafe; you were not provided training for the task(s) you were doing, and that caused the injury; etc. To succeed in a lawsuit, you generally need to be able to show some degree of fault or culpability; if you were hurt through no fault of the employer, you may not be able to recover compensation.

It would be worthwhile to discuss your case with an employment law attorney--if the employer *should* have had worker's compensation, it may be that their failure to do so itself makes them liable.


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