Collecting Workers’ Compensation After Your Employer Goes Out of Business

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Workers’ compensation is a vital safety net for workers who get sick or injured on the job, such as being hit by a vehicle or slipping down a flight of stairs. Compensation is also available for workers who develop an illness or chronic injury over months and years at the job. An example of the latter is developing mesothelioma due to asbestos exposure, which is a toxic substance commonly used in construction. Another example would be getting severe tendonitis in the hands, caused by doing the same, repetitive motion over and over again in a cannery or at an assembly line. In either case, whether the injury or condition was caused in an acute or long-term fashion, insurance companies can make receiving benefits extremely complicated. Even more difficult is filing a claim when the employer has gone out of business or dealing with workers’ compensation insurance companies when an employer goes out of business in the middle of your open claim.

Half of Small Business Shut Down Before Five Years

Businesses shut their doors all the time. In fact, half of the small businesses do not even survive five years, according to Chron. When an employer goes bankrupt or decides to shut down the business, it leaves employees jobless, sometimes without any more than a few weeks or days notice. This understandably causes extreme stress and pressure to find new employment in time to pay the mortgage, find health insurance and put food on the table. For workers who have come down with an illness or were injured on the job, it can seriously complicate and jeopardize their injury claim.

Issues That May Arise

If your employer goes out of business in the middle of a claim or goes out of business before you have filed a claim, there are a few scenarios that could make it more difficult for you to receive your medical and wages benefits:

  • The insurance company may have difficulty receiving information from the employer because they are no longer in business, and are potentially wrapped up in the process of closing down. Some employers may even ignore or put off dealing with your claim because they feel that it is no longer their responsibility or not at the top of their to-do list;
  • As an employee, getting in touch with an out-of-business employer to notify them about a chronic overuse injury can be difficult. As such, there may be complications with the 90-day maximum required of employees to notify their employers about work injuries. In some cases, however, an extension can be made, according to South Carolina Title 42 – Workers’ Compensation; and
  • Because no job is open for you to return to since your employer went out of business, you will not be able to work part-time there. An insurer may attempt to reduce your benefits because there is no job waiting for you, as some benefits are dependent on your ability to return to work on a reduced workload.

Reach Out to a South Carolina Road Rage Collisions Attorney Today

Workers’ compensation is paid out by insurance companies. As long as your employer was up to date on their premium payments for their workers’ compensation insurance, you are covered. However, receiving the full compensation that you are owed is another matter. To talk to an Anderson, S.C. workers’ compensation attorney, call The Law Offices of Steven M Krause PA today at 864-932-3001 to set up a free consultation.


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