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What To Do If Your Employer Does Not Have Workers' Comp?

Here is what to do if you are injured at work and your employer does not have workers’ compensation coverage. Contact our Franklin, MA Workers’ Compensation Lawyer today for a free consultation.

March 20, 2025

You have worked hard your whole life—on your feet in a factory, hauling on a construction site, or keeping things running in a distribution center. When you get hurt on the job, you expect your employer to have your back. But what if they do not? What if you find out they never carried workers’ compensation insurance at all?

In Franklin and across Massachusetts, most employers are required by law to provide workers’ comp. If they fail to do that, it is not just wrong—it is illegal. And it does not mean you are out of luck.

Here is what to do if you are injured at work and your employer does not have workers’ compensation coverage.

First, Some Warning Signs That Your Employer May Be Skirting the Law

Some employers count on their workers not knowing the law. Here are red flags that may indicate your employer does not have workers’ compensation coverage:

  • They tell you to “use your own health insurance” for a work injury
  • They discourage you from reporting an accident or injury
  • They offer to pay you cash "under the table" for medical costs
  • They pressure you to keep working through an injury
  • They avoid giving you written documentation or do not answer your questions

If any of this sounds familiar, trust your instincts. These behaviors are not just unfair—they may be illegal. Our team can look into your situation and take quick action to protect your health, income, and legal rights.

You Still Have Rights—Even When Your Employer Breaks the Rules

In Massachusetts, workers’ compensation is not optional. Employers in construction, manufacturing, transportation, and other labor-heavy jobs must carry coverage—even if they only have one employee. If your boss failed to follow the law, you still have options.

File a Claim with the Massachusetts Trust Fund

The state created the Workers’ Compensation Trust Fund to protect workers in situations like yours. You may be able to get medical treatment paid for, recover lost wages, and access other benefits—even if your employer is uninsured. But the process is not simple, and the paperwork must be done right.

Hold the Employer Personally Accountable

You may also have the right to file a lawsuit directly against your employer. If your injury was caused by unsafe working conditions, broken equipment, or other forms of negligence, you could seek compensation through a personal injury claim. This may include pain and suffering and other damages not normally available through workers’ comp.

Get Treated and Document Everything

Always seek medical care immediately. Do not try to "walk it off" or wait to see if it gets worse. The sooner you get treated, the stronger your case will be. Be sure to keep every bill, report, and doctor’s note.

Speak with a Franklin, MA Workers’ Compensation Attorney

Trying to take on an uninsured employer alone is not something anyone should have to do. A local workers’ comp attorney can help you figure out which path to take and handle the legal side while you focus on healing.

We Stand with Franklin’s Working People

At our firm, we work with people who have spent their lives earning a living with their hands and backs. If you are a welder, truck driver, warehouse worker, machine operator, or anyone else who gets the job done day after day—we are here for you. Here is how we can help:

  • Straight Answers: We will explain your options clearly and help you take the next step.
  • Tough Representation: We do not let employers get away with leaving their workers unprotected.
  • Local Knowledge: We know how to handle Trust Fund claims and lawsuits here in Franklin and across Massachusetts.
  • Respect and Support: We treat you with the respect you deserve, because we know how much you have given to your job.

Reach Out a Workers’ Comp Attorney Today in Franklin, MA

Getting hurt on the job is hard enough. Finding out your employer broke the law and left you without coverage can feel like a punch to the gut. But you are not alone—and you do not have to let it go.

Contact our Franklin, MA Workers’ Compensation Lawyer today for a free consultation. We will help you understand your rights, file your claim, and fight for the compensation you are owed.

Practice Area:   
Workers' Compensation
James “Jim" White

James “Jim" White

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