Workers’ compensation is a vital safety net for workers who get sick or injured on the job, such as being hit by a vehicle or slipping down a flight of stairs. Compensation is also available for workers who develop an illness or chronic injury over months and years at the job. An example of the latter is developing mesothelioma due to asbestos exposure, which is a toxic substance commonly used in construction. Another example would be getting severe tendonitis in the hands, caused by doing the same, repetitive motion over and over again in a cannery or at an assembly line. In either case, whether the injury or condition was caused in an acute or long-term fashion, insurance companies can make receiving benefits extremely complicated. Even more difficult is filing a claim when the employer has gone out of business or dealing with workers’ compensation insurance companies when an employer goes out of business in the middle of your open claim.
Businesses shut their doors all the time. In fact, half of the small businesses do not even survive five years, according to Chron. When an employer goes bankrupt or decides to shut down the business, it leaves employees jobless, sometimes without any more than a few weeks or days notice. This understandably causes extreme stress and pressure to find new employment in time to pay the mortgage, find health insurance and put food on the table. For workers who have come down with an illness or were injured on the job, it can seriously complicate and jeopardize their injury claim.
If your employer goes out of business in the middle of a claim or goes out of business before you have filed a claim, there are a few scenarios that could make it more difficult for you to receive your medical and wages benefits:
Workers’ compensation is paid out by insurance companies. As long as your employer was up to date on their premium payments for their workers’ compensation insurance, you are covered. However, receiving the full compensation that you are owed is another matter. To talk to an Anderson, S.C. workers’ compensation attorney, call Krause, Moorhead & Draisen, P.A. today at 864-932-3001 to set up a free consultation.
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.