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Liability Issues for Uninsured Employers

Defending small businesses against direct liability

It is an understatement to say that going without workers’ compensation insurance is risky. Medical bills and lost wages incurred from moderate to serious work-related injuries can amount to tens or hundreds of thousands of dollars. And uninsured employers are ultimately responsible for reimbursing the government for any benefits paid to the injured employee, in addition to any fines and penalties. For these reasons, it is especially important for uninsured employers to make every reasonable effort to mitigate the cost of workers’ compensation claims against them. This includes thoroughly investigating claims and litigating if necessary. Our experienced West Virginia attorneys at Pullin, Fowler, Flanagan, Brown & Poe understand that workers’ compensation laws can be confusing to new business owners and use our litigation experience to keep one mistake from driving your business under by providing zealous representation in workers’ comp litigation.

How workers’ compensation works with an uninsured employer

West Virginia law requires nearly every business with even one employee — part-time or full-time — to carry workers’ compensation insurance. This is subject to only a very limited number of exceptions. Willful failure to maintain workers’ compensation insurance is a felony criminal offense. But even unintentional failures to procure or maintain insurance can subject employers to substantial liability. While employees of uninsured employers can expect to receive benefits from the Workers’ Compensation Uninsured Employers Fund, the employer remains liable to the government to pay back all benefits the fund pays. This means that an uninsured employer can potentially face tens of thousands of dollars of direct liability for a workplace injury. For catastrophic injuries, this liability can approach and even run into the millions.

Through our robust workers’ compensation defense practice, our attorneys at Pullin, Fowler, Flanagan, Brown & Poework with many uninsured businesses in West Virginia, Ohio and Kentucky. We fully appreciate what is at stake for you and your company when an employee injury occurs while you are uninsured. We design our strategy to reflect the gravity of the situation. Moreover, our extensive experience with insurance coverage disputes allows us to effectively advocate on behalf of employers left uninsured due to the conduct of their insurance companies.

Pullin, Fowler, Flanagan, Brown & Poe defends uninsured employers from major liability

At Pullin, Fowler, Flanagan, Brown & Poe, we understand how to defend uninsured employers in West Virginia, Ohio and Kentucky from major liability. Call us at 304-344-0100 or contact us online to begin a relationship with a law firm that is nationally recognized for experience and quality while remaining dedicated to its community and employees.


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