My employer never filed a workman’s comp report

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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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