What if my employer does not have workers’ compensation insurance?
According to Minnesota law, employers in Minnesota are generally required to carry workers’ compensation insurance. However, as with most things, there are a few exceptions to this rule. Some types of employers and types of employment are excluded from the requirement to carry workers’ compensation insurance.
Employers or employment excluded from carrying workers’ compensation insurance may include the following:
- Family farm employees
- Independent contractors
- Household workers
- Limited liability companies
- Closely held corporations
- Nonprofit associations
The Minnesota Special Compensation Fund
If your employer does not fall within one of the excluded employment categories, but is uninsured for workers’ compensation, you may be entitled to receive workers compensation benefits from the Minnesota Special Compensation Fund.
Upon an employee’s request, if a compensation judge determines that the employer is liable for the employee’s injuries, the Special Compensation Fund may pay all benefits due to the employee under the Workers’ Compensation Act. The Special Compensation Fund may receive reimbursement from the employer for all benefits paid to the injured employee, plus a penalty payment from the employer who neglected to carry workers’ compensation insurance.
If you are injured while working in one of the excluded employment categories where employers are not required to carry workers’ compensation insurance, you should check with your employer to see whether the employer has elected to obtain workers’ compensation insurance. If your excluded employer has not elected workers’ compensation insurance, you will not be able to pursue a workers’ compensation claim under the Minnesota Workers’ Compensation Act.
In this unfortunate situation, you may have to rely on your personal health insurance for medical treatment, and coverage will depend on the type of health insurance plan you carry. However, in some circumstances, there may be other insurance coverage that can provide compensation for injuries, such as Long Term Disability and Social Security Disability.
Whether you are able to pursue a claim for benefits after getting hurt while working for a company that does not carry workers’ compensation insurance will depend on the circumstances in which you were employed, how your injuries occurred, other insurance that may be available, and the financial health of your employer.
If you were hurt at work and your employer dos not carry workers’ compensation insurance, contact Fields Law Firm. Our Minnesota Work Comp Attorneys would be happy to investigate your options to ensure you get the benefits you deserve!
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