employer bankrupt what about my claim

[enough]

If my employer filed bankruptcy will I still get my claim if I win my case

[kate]

You didn't say what state you are in. Usually even if the employer goes bankrupt, the insurance carrier still has to pay the claim. If the employer is self-insured, most states have some type of fund that takes over. What state are you in?

[enough]

kate Wrote:You didn't say what state you are in. Usually even if the employer goes bankrupt, the insurance carrier still has to pay the claim. If the employer is self-insured, most states have some type of fund that takes over. What state are you in?

I'm in Oklahoma, my claim goes to court hearing in about 6 weeks and
the employer did not have workers comp insurance but has already
paid a fine last year for the time period my injury occured. If they are bankrupt and they are an LLC can I get anything from the partners
that were members of the LLC

[jayne]

where in okla and do you have a good lawyer? I am also in okla and had a awesome lawyer

[bagpussinamerica]

Well, I just watched the Oprah show and a guy on there was disabled on the job, for a company he worked for for over 20 years. The company went bankrupt and now he has no insurance and nothing to cover his family. That is the insurance.....I don't know if that included anything about workmans comp..........but he is beside himself on the programme and I suspect he has nothing.

[kate]

In Oklahoma, If the employer goes bankrupt, the insurance carrier still has to pay the claim. Law is 85 O.S.64 C http://www.workerscompensation.com/regul...116&title=

If the employer is an individual self-insured, or a group self-insured there is a Guaranty Fund. Laws are 85 O.S.66.1 F http://www.workerscompensation.com/regul...116&title= and 85 O.S.66.2 F http://www.workerscompensation.com/regul...116&title=

As far as the guy on Oprah, I suspect he's talking about the health insurance that the company provided which would not have anything to do with WC.