Can I Still Get Workers’ Compensation If My Employer Went Out of Business?

  1. Worker's Compensation
  2. Can I Still Get Workers’ Compensation If My Employer Went Out of Business?
Workers' Compensation

Most businesses in Oklahoma are required by law to carry  Workers’ Compensation insurance to protect both their interests and their employees. But what happens when you become injured on the job and your employer goes out of business? Can you still receive  Workers’ Compensation benefits in Oklahoma if your employer closes down? The short answer is yes, but you should consult with an experienced Oklahoma  Workers’ Compensation attorney right away to protect your rights.

How Does Workers’ Compensation Work?

Many workers may be confused about  Workers’ Compensation and its provisions. Workers’  Compensation is a form of insurance the state of Oklahoma requires most employers to carry. Workers’  Compensation insurance was developed to protect the interests of both employers and employees.

Paying for the medical treatments required by a single on-the-job injury could seriously endanger a company’s cash reserves. Most workers could not pay for their treatments and miss work without pay while recovering. Workers’  Compensation pays for the medical care required and pays the employee to help replace missed wages while recovering.

How Does a Business Closure Affect Workers’ Compensation?

Your employer pays premiums for a Workers’ Compensation insurance policy. If a business closes down and stops paying premiums, this does not necessarily affect any benefits being paid or investigated from before or during the shutdown. The  Workers’  Compensation insurance company is the entity that pays your benefits, not your employer.

If the claim was already processed and approved, you will continue to receive benefits for your medical expenses and lost wages. If the claim was just submitted or is still under investigation, you may encounter some setbacks. An Oklahoma  Workers’  Compensation lawyer can help you pursue your claim in many ways.

The business closure could pose the following problems:

  • Vital work and injury records could be destroyed or lost during the shutdown
  • Important witnesses or employee representatives could become difficult to contact
  • Important evidence could be lost or destroyed
  • Proving your ability to return to work becomes more complicated

Any delays in obtaining the necessary facts and information about your claim can cause the insurance company to delay benefits. This could leave you needing critical replacement wages and medical care payments. Any confusion regarding the circumstances of your injury could even cause the insurance company to deny your claim.

Workers’ Compensation Representation in Oklahoma

This scenario may not be common, but it illustrates the importance of working with an experienced Oklahoma  Workers’  Compensation attorney. Circumstances beyond your control may impact your benefits, but your  Workers’  Compensation lawyer can work to locate the evidence, witnesses, and records to verify your claim.

You need to focus on your recovery after sustaining an injury at work. Workers’  Compensation insurance is meant to help that process by removing the financial strain an injury can cause. Contact Armstrong Law Firm, P.L.C. whenever you become injured on the job, especially if something could threaten your claim, such as a business closure. We offer a free consultation to review your case and offer guidance. Call (918) 582-2500 as soon as possible after your injury or complete the form on our contact page.

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