Your Employer Closed Its Doors: Can You Still Get Workers' Compensation?

30 September 2022
 Categories: Law, Blog


The sooner hurt workers take action, the better their claim for benefits will go. In some cases, though, their employer goes out of business just when they need help the most. Read on for some guidance.

Understanding Workers' Compensation Benefits

Your employer is required to cover everyone with insurance in most cases. Workers' compensation normally covers medical expenses, a partial wage when the worker cannot work, and a lump sum settlement when the injury is permanent.

For their part, the worker should do these things to ensure they have coverage from workers' compensation:

  • Get medical treatment.
  • Inform their supervisor.
  • Make sure a workers' compensation claim is filed.
  • Follow their doctor's orders.
  • Take action when a claim is denied by speaking to a workers' compensation lawyer.

Safe Workplaces Is the Goal

Most employers do what they can to make the workplace safe. They pay high premiums to the workers' compensation insurer and those premiums can increase when lots of claims are made. So, the employer may educate workers on safe practices, post warning signs, hold safety drills, and employ managers who monitor safety at the workplace.

 When the Company Goes Under

Companies fail for various reasons. Unfortunately, employee safety can begin to suffer when a company is in financial trouble. Workers may be pushed to work longer hours, cut corners, and ignore safety measures. Many workers end up being hurt only to find that their employer closes their doors soon afterward.

Know Your Rights

If you submitted your claim before the company closed, your claim should be valid. However, if the company ceased paying the workers' compensation premiums to save money, you might need to take other actions.

If you filed your workers' comp claim after the company was shuttered or the company did not have workers' compensation coverage, you may have options:

  • You can file a personal injury case against the employer, even if they are out of business. The judge can order some of the assets of the business to be set aside pending the case.
  • You can file a claim with your state. Some states have funds to cover employees when their employer did not have insurance.

Taking Action

Speak to a workers' compensation lawyer if your company is out of business or you are having trouble with your claim for a work-related accident. Your lawyer can help you get the insurer to pay even if the company is closed. They can assist you in getting funds from the state and filing a lawsuit against your employer. Speak to a lawyer to find out more.