Is There Any Reason to Not File a Workers’ Comp Claim?
- Posted on: Sep 15 2018
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.