Boss didn't have workers comp. I got injured on job. Attorney question?

by admin on February 25, 2011

A little over 4 months ago I had an injury at work in Colorado which required surgery to repair. He had no workers comp coverage. He works under his own name and is not incorporated. I’ve been told that I can either file with workers comp in CO (which would pursue him for my expenses PLUS fine him for not carrying the insurance) and let them handle it or file suit against him directly. What kind of attorney should I seek out? I have no money to hire an attorney due to my inability to work since the accident. Would a "no win / no fee" attorney be likely to accept such a case?

Also….he DOES have liability insurance and they have been calling trying to figure out if he was "liable". Could that result in help financially? And finally, couldn’t there be a "negligence" factor to this since he didn’t carry workers comp insurance?

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    { 4 comments… read them below or add one }

    Tabatha February 25, 2011 at 8:56 am

    As far as I know ALL employers in the US are required by federal, state and local laws to carry Workman’s comp. So he broke the law. Do you know his finances? What if you did win, could he pay? Heck, would he pay or file for BK? In a situation like this, I would let Workman’s comp deal with him, THEN I would file a separate suit. I definitely think that a Workman’s comp attorney would take this on a contingency fee basis. Good Luck and I am so sorry you got hurt on the job and can’t work right now. That would be horrid under normal circumstances but now with the economy the way it is, yikes! What a crappy time for it to happen.

    Pat February 25, 2011 at 8:56 am

    You’re better off letting workers’ comp handle it.
    then you don’t have to go online to ask morons for legal advice.

    Ruth S February 25, 2011 at 8:56 am

    I would call The Workman’s Compensation Board first and tell them about this. It will depend if this boss of yours covered his butt with some kind of Private insurance just in case he or one of his workers got hurt! If he was negligent in any way, for instance allowing you to work without the proper gear, you could also sue him personally!! But, I would talkto several attorney’s before you decide which oe to go with! The State may even file suit against him for you.
    I had an injury in California, and the company refused to take care of my medical bills etc, the State stepped in and paid me disability until the case was settled in Court! Don’t expect an early return though, it took me two attornies and almost three years before the case was closed!

    judy damien February 25, 2011 at 8:56 am

    I was in basically the same place recently. I was able to find assistance from a lawyer from over at

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