Workplace Accidents: What Happens if My Employer is Uninsured?

Posted by Amy FalconMay 08, 20240 Comments


f you're injured on the job, workers' comp insurance exists to compensate you for your losses, such as medical expenses, time off work, and disability benefits. Sometimes, though, employers don't carry the workers' comp insurance they should. Below, our team explains how to proceed if your employer doesn't have workers' comp and you're injured at work in Virginia.


Is Workers' Comp Insurance Mandatory in Virginia?

If an employer has more than two permanent employees (whether part-time or full-time) then yes, they're required, by law, to carry workers' comp insurance. This ensures that employees are adequately protected and can claim the support they need for workplace accidents. It also reduces the need for lawsuits since there's no need to prove “fault” to claim under workers' comp. Injured employees simply complete the relevant paperwork after reporting their injury.

Employers can face civil penalties – and even criminal charges – if they disregard this responsibility. In the meantime, what should you do if you're injured and claiming workers' comp is not an option?


What if My Employer Is Uninsured?

If your employer is underinsured or uninsured, you have two options for pursuing damages following a workplace accident:

     Filing a personal injury lawsuit; or

   ●     Claiming through the Uninsured Employers' Fund (UEF)


Civil Negligence Claim

You may have a personal injury claim if you're injured due to your employer's negligence or carelessness. Common types of accidents at work which may result in negligence claims include:

     Slips, trips, and falls due to unsafe working conditions

     Injuries caused by faulty equipment/lack of maintenance

     Accidents resulting from improper or insufficient training


Uninsured Employers' Fund (UEF)

 In Virginia, the Uninsured Employers' Fund exists to compensate workplace accident victims for losses if their employer doesn't have the workers' comp coverage they should. The fund covers various losses, such as:

          Medical bills

     Lost income

     Rehab costs

     Accident-related expenses


Disability and death benefits may also be payable.


Get Legal Advice From Virginia Workers' Comp Lawyers

 At Ackerman & Falcon, our experienced workers' comp attorneys have the experience, knowledge, and commitment to help accident victims get the damages they deserve. To discuss a possible workplace accident claim, reach out to our injury attorneys online or call (703) 288-1400.