non insured

[tweety00]

1171 you said If you have the legal right to sue you can't lose it by filing against a non-existent carrier.



but what about an employer who gets w/c insurance after 30 days of treatment ? It was sitting in my i/c account .. But its not there now .. My i/c claims.

didnt even file after being off work for 1 week .Im thinking they paid the w/c i/c when I finally filed the claim to the board .. They sure asked alot of questions when I called in and wanted the employers name .

[bagpussinamerica]

Something very sniffy going on there, for sure.

[1171]

Didn't we go thru this before?

this stuff is complicated and i suspect it wasn't clear.

Since they have insurance for your claim they are protected and you can't go to civil court.
the fact that at some time in the past they didn't or there was a break in coverage only means that there maybe a complaint under the state compliance law. The penalty for being out of compliance is different then allowing workers to file a civil suit.
Many, many, many employers have a gap in comp coverage during the life of their business. That doesn't doesn't mean their employees get to file civil suits.
Whether you can file in civil court or work comp depends on whether there is coverage for your claim. you may have grounds for a complaint to the department of insurance for "back dating" a policy but as long as there is a comp carrier willing to extend coverage for your injury your cry for relief to the civil courts will probably not be accepted.
Of course, you are free to get legal advice on this issue and attempt to get jurisdiction switched to the civil area. But my opinion is that they will see this as a compliance issue and not allow a civil action.

the key is whether there is someone who will be responsible for benefits. If there is a carrier willing to step forward then the employer is protected. Only if there is no other then the employer themself can be sued. Allowing a civil suit is not considered a penalty for not having insurance --any atty can tell you how difficult it is to prove and how long and expensive it is.

[bagpussinamerica]

Just out of curiousity, why would a company have a gap?

[1171]

Insurance can be cancelled for any number of reasons (typical are non-payment; no payroll; change of ownership; etc.)
and The employer delays getting a new policy also for any number of reasons.