What if my employer does not have workers' compensation insurance?
In Tennessee, employers that employ five or more people are required to carry workers’ compensation insurance. If an employer does not have workers’ compensation insurance, they are in violation of the law. If your employer does not have workers’ compensation insurance, you may still be able to receive compensation for your injuries. You can file a personal injury lawsuit against your employer for negligence. Negligence occurs when an employer fails to act in a reasonable way to prevent harm or does not take reasonable steps to protect their employees. If a court finds that your employer was negligent, then you may be able to receive compensation for your injuries. You can also file a claim with the Tennessee Department of Labor and Workforce Development. These claims are called Uninsured Employer Fund (UEF) claims. If the state accepts your UEF claim, you may be able to receive compensation for your injuries through this program. Finally, you may be eligible for compensation through Social Security Disability Insurance. If you have a disability as a result of your employment, you may be able to receive a monthly cash benefit and other assistance from Social Security. In summary, if your employer does not have workers’ compensation insurance, there are various options available to you for seeking compensation for your injuries. If you have been injured in an accident at work, you should consider consulting with an experienced workers’ compensation lawyer who will be able to evaluate your case and discuss the best route to take.
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