Law Firm Blog

Can I Still Get Workers’ Comp if My Employer Goes Out of Business?

Employees have many reasons to feel concerned when their employer goes out of business. This is particularly true when employees have filed a workers’ compensation claim.

It is natural for employees to become worried when the company they work for goes out of business. Employers do lose their livelihood when their business closes its doors, but employees often rely on that business to earn an income and support themselves and their families. For some employees, there are unique issues when the employer goes out of business, such as when they have filed a claim forworkers’ compensation. It is natural for these employees to wonder if they can continue to receive benefits, or if the payments will stop.

Workers’ Comp is Paid by Insurers, Not Employers

Employers in Florida who employ four or more workers are required to carry workers’ compensation insurance. Like other types of insurance, employers must pay these premiums every month, or even every week. When a worker then becomes injured on the job, the insurance policy will pay for theworkers’ compensation benefits. Since it is the insurer that pays out on workers’ compensation claims, and not the employer, a business owner going out of business will not affect an injured worker’s claim or benefits. Insurance companies must continue to pay these benefits regardless of whether a business is afloat or not.

Sometimes, employers do not comply with the law and they fail to purchase and carry workers’ compensation insurance. When this is the case, injured workers cannot file a workers’ compensation claim because there is no insurance to provide for benefits. Employees can file a personal injury lawsuit against employers who do not carry the proper insurance. However, obtaining damages from an employer who could not keep their business open is often very difficult.

Factors to Consider

There are a few things to consider when filing a claim for workers’ compensation. The first is that if you had very recently filed your claim before your employer went out of business, you may not receive the benefits you need. Insurance companies will investigate before approving your claim. Part of this investigation is obtaining information from your employer. If your employer has gone out of business, it could make it more difficult for insurers to obtain this information. That could result in a denial of your claim.

One of the main factors that determines how much you can receive in workers’ compensation benefits is whether you can return to work and if so, when you will return. If your employer has gone out of business, you may not know when you can return to work and that could affect the amount of benefits you receive.

Our Workers’ Compensation Lawyer in Florida Can Help

You may still be able to receive workers’ compensation benefits after your employer has gone out of business, but it is not easy. At Rooth Law Firm, ourFlorida workers’ compensation lawyer knows how to overcome the challenges these claims present so you obtain the full benefits you are entitled to. Call us today at 727-849-3400 or fill out our online form to schedule a free consultation and to learn more about how we can help.