What If My Employer Does Not Provide Coverage?
An employee is allowed to pursue an independent cause of action against an uninsured employer for failure to be enrolled in an appropriate compensation plan. Such an action must be brought in the district court in the district where the employee/claimant lives or where the alleged violation occurred. Additionally, the Workers’ Compensation Act establishes an uninsured employers’ fund which is funded by the penalties collected from uninsured employers. A worker injured while employed by an uninsured employer may pursue all remedies concurrently, including: a claim for benefits from the uninsured employers’ fund; a damage action against the employer; an independent action against the employer to recover benefits that would be due under the Workers’ Compensation Act had the employer been enrolled in a compensation plan; and, any other available civil remedy.