I was seriously injured on the job and will require pain management as well as steroidal injections in multiple places in my spine and chest the rest of my life. The neurosurgeon told me surgery has more risk than chance of success. My employer at the time I was injured not only had no workers compensation insurance at the time he had all of his employees mislabeled as subs instead of employees. He admits that I was injured on the job. What laws has my former employer broken and how should I proceed.
2 Answers from Attorneys
You should hire an attorney. Failure to carry workers' compensation insurance (or to self-insure in compliance with the law) is a violation of Missouri law. This gives you the right to choose whether to proceed with a workers' compensation claim, or to pursue a civil claim instead (which opens up the possibility of much larger damages). Misclassification of employees could also be a violation of the federal Fair Labor Standards Act (FLSA). If a large number of employees are misclassified, you could have a potential class or collective action. Some firms, including my own, have experience in all of the areas of law that your situation involves: Missouri workers' compensation, civil personal injury law, federal wage and hour law, and class and collective actions. You will want to find someone familiar with all these areas as soon as possible.
Meet with an experienced workers' comp attorney to see what options are available to you.