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    Personal Injury and Insurance Law Legal Research Blog

    Matthew T. McDavitt

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    Liability for Employer's Failure to Obtain Workers’ Compensation Insurance

    Posted by Matthew T. McDavitt on Thu, Jan 24, 2019 @ 11:01 AM

    Matthew McDavitt—Senior Attorney, National Legal Research Group

                Sometimes, through ignorance or neglect, employers subject to the state statutory workers' compensation mandates fail to obtain or maintain the requisite insurance. Where employers subject to the system's mandates are found on the date of an employee's workplace accident (or other compensable event) to lack such insurance (either as a self-insurer or through a third-party insurer), such noncompliance with the workers' compensation insurance mandate has serious consequences for the employer.

                First, a noncompliant employer loses a primary benefit of the workers' compensation system's exclusive remedy provision.  This provision bars injured workers from suing their employers in tort in exchange for statutorily defined wage replacement and medical benefits, thereby significantly limiting the potential legal exposure of the employer regarding such accidents.

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    Topics: workers' compensation, state's employer mandates, Matthew T. McDavitt, noncompliance consequences, insurance requisite

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