What Happens When an Employer Does Not Have Workers’ Compensation Insurance?

Injury and Accident Attorneys Serving St. Louis, Nearby Missouri, Fairview Heights, and Nearby Illinois

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Workers’ compensation insurance is intended to provide medical reimbursement and wage relief for workers who sustain an on-the-job injury. In that state of Missouri, employers with more than five employees must carry workers’ comp insurance. In the state of Illinois, all companies who employ people must carry workers’ comp insurance. While there are some exceptions to these rules, they are few and far between. If you work for a company, it is entirely likely that your employer is legally required to provide this benefit.

What Happens in Missouri When an Employer Does Not Have Workers’ Comp?

Failure to carry workers’ comp insurance in Missouri is a Class A Misdemeanor. Employers who fail to carry workers’ comp in Missouri may be fined up to $50,000 or three-times the annual premium of a workers’ comp policy, whichever is greater. Subsequent violations may result in a Class E Felony, which is punishable by $10,000 in fines, up to four years in prison, and probation following release.

What Happens in Illinois When an Employer Does Not Have Workers’ Comp?

Failure to carry workers’ comp insurance in Illinois can be charged as a Class A Misdemeanor if failure to carry is found to be negligent. If failure to carry is found to be “knowing and willful,” it can be charged as a Class 4 Felony, which may result in up to four years in prison and $25,000 in fines. For each day an employer is without workers’ compensation coverage, the state of Illinois can level $500 in fines for a minimum penalty of $10,000. There is no upper limit for this penalty, which will continue to accrue until insurance is obtained.

Infographic: What Happens When an Employer Does Not Have Workers' Compensation

What Are Your Rights?

If your employer fails to carry workers’ compensation insurance, they can be fined, charged with a misdemeanor or felony, and imprisoned. None of these things are especially useful for employees who need compensation to cover expenses caused by a workplace injury, though. This is where an experienced and dedicated personal injury lawyer can help.

If your employer failed to carry proper insurance and you are left holding the bag for medical expenses and lost wages, you may be entitled to seek compensation through legal action. Failure to carry workers’ compensation is a form of negligence. Even if you played a role in your accident, you may be able to recoup damages for related expenses – and in cases where your accident is the result of further oversight or negligence on the part of your employer, you may be able to seek compensation for additional damages including pain and suffering. This is something that can be discussed in greater detail during your free case review at our Fairview Heights or St. Louis office.

Our workers’ compensation lawyers are also familiar with personal injury law in both Illinois and Missouri. We are here to review all aspects of your case, provide you with honest and frank information about your rights and options, and to guide you towards the most suitable outcome for your needs.

Call our St. Louis office at 314-333-3333 or our Fairview Heights office at 618-888-8888 to schedule your complimentary case review today. We serve the greater St. Louis area and all surrounding communities.