What is the collection process on a workers’ comp award against an uninsured employer?

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What is the collection process on a workers’ comp award against an uninsured employer?

I was employed by an LLC in GA. I was injured at work and the employer notified me in writing that their workers comp carrier denied treatment for my injury. I contacted the workers comp board to file a claim, and at that time the board informed me that my employer had no comp insurance and suggested I file a claim. I was awarded a sum of money. I had paid for my own treatment which was a knee injury. My employer appealed to the workers comp appeals board but my award was upheld. The employer has not paid the award. What can I do to collect the money? Did the employer commit any sort of fraud by notifying me in writing that their insurance carrier denied my claim when there was no insurance to begin with? Can I again sue in small claims for breach of contract since I was under written contract which specifically had a workers comp provision? 

Asked on January 16, 2011 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It seems that you may have many causes of actions (legitimate reasons to sue) your employer here.  But I think that you need to sirt out your claims and I think that you should bring your contract to an attorney to review, along with all the paperwork regarding the comp award, etc.  And do not forget to bring with you the letter that your employer wrote indicating that their carrier had denied the claim - an obvious lie and a great support on the breach of contract claim in your lawsuit.  You really may be sitting in the driver's seat on this matter.  Also, discuss the many options you have in collection: levy on bank accounts, levy on personal property, etc.  Good luck.


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