If My Employer Is Uninsured Can I Still Get Work Comp Insurance?

Nov 17, 2023 | WC & Other Laws

Employer Is Uninsured

If My Employer Is Uninsured Can I Still Get Work Comp Insurance? – We will discuss how it’s possible to still get Workers’ Comp insurance despite your employer not carrying it as required. You might be asking, “Well, how is that possible?” let’s get into it.

What is a statutory employer?

Workers’ Compensation Law in Colorado has a term called a statutory employer. A statutory employer is an employer who is responsible for paying Workers’ Compensation benefits. Sometimes, they are not your direct employer, but you are still considered their employee for Workers’ Compensation purposes. But how does that happen?

How can a statutory employer give me Workers’ Compensation insurance?

Here’s an example of how a statutory employer works: let’s say you are a worker for a new construction project, and there’s a company that is the general contractor; let’s call them Big Builder. Now, Big Builder doesn’t dig any holes, pour any concrete, make the framing, or put in the rebar; in fact, Big Builder doesn’t do anything except make sure all the companies do their job in the order that they’re required, according to standard. So, Big Builder hires Fred Farmer to pour concrete, and then Fred Famer hires you. You get injured on the job, but Fred Farmer says, “I’m sorry, I don’t have Workers’ Compensation insurance!”

The law then states that if Fred Farmer doesn’t have Workers’ Compensation insurance, you can go to Big Builder and get covered under their insurance. That is why Big Builder, in this case, would be considered your statutory employer, which is just a fancy word for ‘legal employer for Workers’ Compensation purposes.’

We’re here to help

It can get complicated and very detailed. Your “Big Builder” often doesn’t even know who you are. Sometimes, a case has many layers; what if someone had hired Fred Farmer, too? Would he still be responsible for having Workers’ Comp insurance? That’s why it’s helpful for you to have an attorney who knows what they’re doing. So if you or anyone you know has been injured on the job in Colorado, tell them Kaplan Morrell Attorneys at Law have been helping people get the benefits they deserve since 1995. Get in touch with us for a free, confidential consultation. For more information, call 970-356-9898 or visit our website at https://kaplanmorrell.com/