My Employer Is Uninsured for Workers' Compensation in Connecticut: What Happens If I Get Hurt at Work?

 

If you were injured on the job and just found out my employer is uninsured for workers compensation, you are not alone — and you are not without options.

In Connecticut, employers are legally required to carry workers' compensation insurance. When they do not, the law provides powerful protections for injured workers. Understanding your rights early can make the difference between receiving full benefits or facing unnecessary delays.

Below, we explain exactly what happens when your employer has no workers' comp insurance in Connecticut, what steps you should take immediately, and how benefits are paid.

What Does It Mean If My Employer Is Uninsured for Workers' Compensation?

If your employer is uninsured for workers' compensation, it means they failed to comply with Connecticut law requiring coverage for work-related injuries and illnesses.

This does not mean:

• You lose your right to benefits

• You must pay your own medical bills

• You cannot recover lost wages

Instead, Connecticut law shifts responsibility away from you and onto state protections designed for this exact situation.

The Role of the Connecticut Second Injury Fund

One of the most misunderstood issues in these cases involves the Connecticut Second Injury Fund.

Important clarification

The Second Injury Fund does not require a pre-existing condition to help injured workers when an employer is uninsured.

When an employer fails to carry workers' compensation insurance, the Second Injury Fund may step in to pay benefits after the employer's noncompliance is established.

This includes:

• Medical treatment

• Temporary total disability (lost wages)

• Permanent partial disability benefits

• Ongoing care related to the work injury

The Fund also aggressively pursues reimbursement from the uninsured employer, not from the injured worker.

What Should I Do Immediately If My Employer Has No Workers' Comp Insurance?

If you are thinking “my employer is uninsured for workers compensation — what do I do now?”, take these steps right away:

1. Report the Injury

Notify your employer in writing as soon as possible. Do not assume they will “handle it.”

2. Get Medical Treatment

Seek medical care immediately and tell the provider your injury is work-related.

3. File a Form 30C

You must formally file a Notice of Claim (Form 30C) with the Connecticut Workers' Compensation Commission — even if your employer has no insurance.

This step protects your legal rights and starts the claim process.

4. Document the Lack of Insurance

The Commission can verify whether your employer is uninsured and initiate enforcement actions.

Can I Sue My Employer If They Are Uninsured?

In some situations, yes.

When an employer fails to carry workers' compensation insurance, they may lose certain legal protections that insured employers normally have. This can open the door to additional remedies beyond a standard workers' comp claim.

These cases are highly fact-specific and should be evaluated carefully before taking action.

Will I Still Get Paid If My Employer Is Uninsured?

Yes.

Connecticut law is designed so that injured workers are not punished for their employer's illegal conduct. If your employer is uninsured:

• Your medical care can still be authorized

• Wage replacement benefits can still be paid

• The Second Injury Fund may assume payment

• The state pursues the employer, not you

Delays often happen when injured workers do not file correctly or rely on incorrect advice — which is why early legal guidance matters.

Common Questions People Ask After Discovering Their Employer Is Uninsured

“My employer says they don't have workers' comp — am I out of luck?”
No. Connecticut law protects you even when the employer breaks the rules.

“Can my employer fire me for filing a claim?”
Retaliation for filing a workers' compensation claim is illegal.

“Do I need a lawyer if my employer is uninsured?”
These claims are more complex than standard cases and often involve enforcement, state funds, and litigation against noncompliant employers.

Talk to a Connecticut Workers' Compensation Lawyer Before You Make a Mistake

Cases involving uninsured employers move differently than ordinary claims. Deadlines, filings, and strategy matter — and errors can delay benefits you need now.

At James F. Aspell, P.C., we have decades of experience handling Connecticut workers' compensation claims, including cases where the employer failed to carry insurance.

If you were hurt at work and are now thinking “my employer is uninsured for workers compensation”, do not wait.

Protect your rights. Get answers. Get benefits moving.