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Employer Without Workmans Comp Insurance  

 

SausageInTheCan
(@SausageInTheCan)
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April 27, 2015 2:13 pm  

Does any one know what the employee does in this situation?


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OldTart
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April 27, 2015 2:27 pm  

Can you be a little more specific? For example, is the employer required to carry Workmens Comp but has failed to do so?

The best people to contact first would be the Department of Labor followed by an attorney who specializes in labor law.


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SausageInTheCan
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April 27, 2015 2:55 pm  

Good Morning OT. I thought they're all required to have comp. insurance.
I didn't know they had a choice.


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OldTart
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April 27, 2015 3:04 pm  

There are very limited exceptions but what they may be here I don't know as they're state-specific. That's why I suggested Labor Board then labor attorney if necessary.


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rmb2830
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April 27, 2015 3:10 pm  

the DOL website has information for the employer and employee...tells employee what to do etc, and the employer part tells them about the issues if insurance or not. Take a look and then go from there.


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OldTart
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Afriend
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April 27, 2015 6:55 pm  

Years ago, when I lived/worked in Texas we had such a situation. The company I worked for hired a contractor to performed a certain task. One of the contractor's workers was injured on that particular job. The contractor did not have Worker's Compensation Insurance even though Texas Law required him to have the insurance. The Contractor's injured employee was able to file a claim against our company's Worker's Comp Policy. Seems odd but that's what happened.

I don't know if the law is different in the VI's.


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SausageInTheCan
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April 27, 2015 8:36 pm  

The laws here are supposed to be the same as the mainland.
Afriend, You are correct about your former employer. As odd as it seems that's the way it is.
When I had my house in the states my homeowners policy included workers comp. My agent told me that was in place just in case I hired a contractor that was uninsured.
Thank you all for your feedback.


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AandA2VI
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May 2, 2015 2:52 pm  

Two major issues. First you said "same as the mainland" and then "my house in te states". Come on meow. Lol! You sir are NOT in the states. You're in a territory as you know and there's nothing the same about it. What "should" and "needs to be" doesn't apply here. Period. So don't use any of that mentality or you'll end up insane.

Asking for legal advice on a public forum is about as useful as asking for medicle advice. A very simple trip to the DOL will result in real answers not just wish wash. I can tell you there's a lot of not legit compaines here... from experience. Good luck.


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Exit Zero
(@exit-zero)
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May 2, 2015 3:07 pm  

I have 2 friends who have filed in the last few months for Workmans Comp claims with legitimate claims on their legitimate employers - They were told all the funds are completely committed until August, no money in the fund available now and their case is on file for later consideration.


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SausageInTheCan
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May 2, 2015 6:16 pm  

Two major issues. First you said "same as the mainland" and then "my house in te states". Come on meow. Lol! You sir are NOT in the states. You're in a territory as you know and there's nothing the same about it. What "should" and "needs to be" doesn't apply here. Period. So don't use any of that mentality or you'll end up insane.

Asking for legal advice on a public forum is about as useful as asking for medicle advice. A very simple trip to the DOL will result in real answers not just wish wash. I can tell you there's a lot of not legit compaines here... from experience. Good luck.

I did say "supposed" not "are" the same. The laws "are supposed to be the same" as the states so just because like everything else here, they're not enforced doesn't so that doesn't make it right. You are correct in saying that there are more low life businesses here than stateside.
I thought I saw somewhere if not on this site that "You are protected under the same laws here as the United States". So it seems like you're ok with getting screwed. That doesn't mean someone else agrees.
P.S. I was replying to the statement by Afriend.


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vicanuck
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May 2, 2015 6:42 pm  

They were told all the funds are completely committed until August, no money in the fund available now and their case is on file for later consideration.

Yes, folks. The cupboard really is bare.


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rmb2830
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May 2, 2015 9:43 pm  

but could give new commissioners raises...and pay 12000+ a month for a rental for Mapp...instead of financing a legally obligated expense.


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SausageInTheCan
(@SausageInTheCan)
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May 3, 2015 4:21 pm  

I have 2 friends who have filed in the last few months for Workmans Comp claims with legitimate claims on their legitimate employers - They were told all the funds are completely committed until August, no money in the fund available now and their case is on file for later consideration.

What does the VI gov have to do with it? Isn't workman's comp through a private carrier?
I thought the DOL just regulates it and enforces compliance.


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