My employer never filed a workman’s comp report

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My employer never filed a workman’s comp report

My employer never filed a workman’s comp report. He said rather than have the
insurance pay, he would pay out of pocket. He hasn’t paid, the bill is 6 months
late, and they are threatening to turn it over to collections.
He’s lied to me about it, saying he wold pay it after the first of the year so he
could write it off.
Now it is so old, my own insurance will not cover it.

Asked on February 6, 2019 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF the injury was in some way due to employer fault or negligence (lack of safety equipment; improper training; unsafe or defective furniture, equipment, stairs, ladders, etc.) then you could sue the employer for your injuries: for medical costs, for lost wages, for "pain and suffering" if you have experienced significant and long-lasting life impairment (though you would need to hire a doctor to testify about the injury in that case). Since you did not receive Worker's Comp, the employer is not protected from your lawsuit. But you can only sue and win if you can show fault: if the employer was not at fault, they are not liable.


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