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

UPDATED: Dec 16, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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