Is There Any Reason to Not File a Workers’ Comp Claim?

  • Posted on: Sep 15 2018
  • By:

If you’ve been injured while on the job, you can file a workers’ compensation claim to cover your medical bills and other expenses incurred while you’re recovering. Most employees do file one of these claims, especially if the injury is easy to prove or if they’re going to be unable to work for months. But is there any reason why you might decide against filing a workers’ comp claim? There are actually a few different reasons you might.

Your Employer May Not Have Workers’ Comp Insurance

It is actually possible that your employer isn’t required to carry workers’ comp insurance or that you’re simply not eligible for worker’s comp. For example, if you’re a partner or the sole owner of the business, you’re not covered by your own workers’ comp insurance unless you’ve taken out a worker’s comp policy on yourself. Most business owners don’t think to do this, so they have no coverage. New York regulations state that if your business is a sole proprietorship or a partnership where everyone involved owns a piece of the business and there are no other employees of any type, volunteers, or subcontractors, the business doesn’t need to carry workers’ comp insurance.

You Can Get a More Compensation through a Lawsuit

In some cases, you may be able to receive more compensation by suing someone rather than by filing a worker’s comp case. For example, if you were injured in an automobile accident while traveling for work, you may be able to sue the driver who hit you. A construction worker may be able to sue a subcontractor for negligence rather than filing worker’s comp. It all depends on the situation you were in and the extent of your injuries.

In most cases, filing a worker’s comp claim is the right choice to make. These policies are designed to protect employees who are injured, and they’re set up to make certain you have the means to cover all of your debts while you recover from your accident. If you want to learn more about workers’ comp benefits, the experts at Maximum Orthopedics can help. Contact us today with your questions.

Posted in: Blog, Work Injuries, Workers Compensation Benefits

3 Convenient Locations



Recent Posts

Ways You Can Accidentally Make Your Injuries Worse

If you have been injured, you may want to get back on your feet as soon as you can. It can be frustrating to have to cut down on your physical activities or even spend several days or weeks in bed as you heal. However, not doing this can result in making your injuries worse, ... read more
  • Posted on Aug 30, 2021
  • By:

Does Taking FMLA for a Chronic Injury Prevent Filing Workers Comp?

Workers’ comp laws come into play if you are injured on the job, but that may not be the only benefit that comes into play. FMLA, which is short for the Family Medical Leave Act, provides qualifying employees to take up to 12 weeks off of work for illness, injury, and other specific health issues. ... read more
  • Posted on Aug 15, 2021
  • By:

Filing a Worker’s Comp Claim for Heat Stroke

Heat stroke occurs when you overheat, and it is a major concern for those who work outdoors during the summer in areas where the temperature climbs into the triple digits. If you work in these conditions and suffer from heat stroke, you may be able to file a worker’s comp claim for any medical expenses ... read more
  • Posted on Jul 27, 2021
  • By:

Get in touch