What If My Employer Doesn’t Have Workers’ Comp Insurance?
Getting hurt at work can turn your life upside down. You may face mounting medical bills, missed paychecks, and constant worry about how to support your family while you recover. Workers’ compensation insurance is supposed to protect you in these situations — but what happens if your employer doesn’t have it?
Unfortunately, some Maine employers fail to carry required workers’ compensation coverage. When that happens, injured employees are left in a difficult position. The good news: you still have rights, and Maine law gives you options to recover the compensation you deserve.
Maine Law Requires Employers to Carry Workers’ Compensation Insurance
Under Maine law, nearly every employer must carry workers’ compensation insurance for their employees. This system ensures that injured workers receive medical treatment, partial wage replacement, and rehabilitation benefits without having to prove their employer was at fault.
However, not all employers follow the rules. Some small businesses or seasonal employers — especially in industries like construction, seafood processing, landscaping, and hospitality — either let their policies lapse or intentionally avoid buying coverage to save money.
If You’re Hurt and Your Employer Has No Coverage
If your employer doesn’t have workers’ comp insurance, you are not out of options. Maine law protects injured workers through several important legal pathways.
1. You Can File a Petition with the Workers’ Compensation Board
The first step is to file a Petition for Award with the Maine Workers’ Compensation Board. This document notifies the state that you suffered a work-related injury and that your employer may be uninsured.
Once the petition is filed, the Board can investigate your claim and order your employer to pay your medical bills and wage benefits directly. The employer may also face penalties for not carrying insurance.
Even if your employer refuses to cooperate, the Board can issue an order compelling payment.
2. You Can Sue Your Employer in Civil Court
Normally, workers’ compensation law prevents employees from suing their employers for injuries. But if your employer is uninsured, that protection disappears. You may have the right to file a personal injury lawsuit against the company — and possibly its owner — for negligence.
Unlike workers’ comp, a civil lawsuit can include additional forms of compensation such as:
- Pain and suffering
- Emotional distress
- Full lost wages (not just partial replacement)
- Future medical expenses
Civil lawsuits can be powerful tools when employers fail to follow the law, but they require strong evidence and legal strategy.
3. You May Have Claims Against Other Responsible Parties
In some cases, your injury may involve third-party liability — meaning someone other than your employer contributed to the accident. For example:
- A subcontractor’s negligence caused a fall at a shared worksite
- A defective machine or tool malfunctioned
- A property owner failed to maintain safe conditions
You can pursue a separate personal injury claim against that third party in addition to your workers’ comp or civil case.
Common Industries Where Coverage Lapses Occur
Uninsured or underinsured employers appear in all types of work, but they are especially common in:
- Construction and roofing – short-term crews or subcontractors
- Restaurants and bars – small owners who try to cut costs
- Seasonal tourism – ski resorts, campgrounds, and hotels
- Fishing and lobster processing – often employ temporary or cash workers
- Home health care and domestic work – small agencies or individuals who misunderstand the law
If you’re unsure whether your employer’s coverage is active, you can verify it through the Maine Workers’ Compensation Board Coverage Search online.
Why Legal Help Is So Important
When your employer doesn’t have insurance, your case becomes much more complicated than a typical workers’ compensation claim. You’re no longer just filing routine paperwork — you’re dealing with a legal violation, potential litigation, and an employer who may deny everything.
A Maine workers’ compensation attorney can help you by:
- Investigating your employer’s coverage status
- Filing your Petition for Award with the WCB
- Representing you at hearings and negotiations
- Identifying third-party claims that could increase recovery
- Taking legal action against uninsured employers
At Peter Thompson & Associates, we’ve handled countless cases involving uninsured or noncompliant employers. Our team knows how to deal with employers who try to avoid accountability — and how to ensure injured workers get the benefits and respect they deserve.
You Still Have Rights — Even If Your Employer Broke the Law
Employers who skip workers’ comp coverage take enormous risks — not just for themselves, but for the employees who rely on them. If you’ve been injured at work and discovered your employer isn’t insured, don’t let them convince you that you’re on your own.
Maine law gives you a clear path forward:
- File your claim with the Workers’ Compensation Board.
- Seek medical care and document your injuries.
- Contact a qualified personal attorney to guide you through the process.
Even when your employer fails to follow the law, you can still recover compensation for your medical bills, lost wages, and long-term recovery needs.
Call Peter Thompson & Associates for Help
If your Maine employer doesn’t have workers’ comp insurance and you’ve been injured on the job, you need a firm that knows how to take action.
At Peter Thompson & Associates, we help injured Mainers stand up to uninsured employers and fight for the benefits they deserve. Our attorneys will handle every step — from filing your claim to negotiating your compensation — so you can focus on healing.
Call us today for a free consultation and let us protect your rights. You worked hard for your employer. Now it’s time for someone to work hard for you.