WHAT IF MY EMPLOYER ISN’T INSURED?
For starters, the employer is probably breaking the law. It is a misdemeanor in this state for a covered employer to not obtain qualified workers’ compensation insurance. Such an employer is subject to a fine of $1,000 and up to six months in jail for each and every day an employer operates without insurance.
If the uninsured employer was in some way at fault in causing the injury or disability, the worker can sue the employer in the regular courts in front of a jury for unlimited damages instead.
Even if your employer is not insured, your employer can still be held responsible for paying you workers’ compensation benefits.