Can You Get Workers’ Comp from a Company that Closed?

Most times, a work injury is going to be obvious.  An injured worker will usually know they were hurt, go to the hospital, get treatment, and file a claim for their injuries soon after.  However, some injuries are harder to notice, and you might realize you can file a Workers’ Comp claim until after the company you work for has already closed down or stopped doing business.

If you delay filing a Workers’ Comp claim or cannot discover that your injury was work-related until after the company closed down, you may still be able to file your claim if you are within the deadline.  Usually, Workers’ Comp insurance carriers promise as part of your employer’s policy that they will continue to pay claims to injured workers even after the company stops doing business.  This might make it harder to report the injury and figure out who to file the claim with, but our lawyers can help you with all of these technicalities.

For a free analysis of your claim, call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law right away at (267) 651-7945.

Can You File a Workers’ Comp Claim with a Business that Closed Down?

Usually, when a business stops doing business, it does not stop existing right away.  Businesses have set procedures as to how they close down, and they usually need to continue to exist on paper for a while so that they can settle up any debts or claims against them.  In many cases, another company might even buy up the business, taking on their outstanding claims.  At the very least, your Workers’ Comp claim should still be able to go through because the insurance carrier should still be on the hook for the company’s Workers’ Comp claims.

In any case, you must still report your injury within 120 days unless an exception applies, such as cases involving occupational cancer.

The Afterlife of a Business

During the life of a business, the company has to file with the Pennsylvania Department of State and the Department of Revenue to get permission to operate.  While operating, there are rules to follow – such as providing workers with Workers’ Compensation coverage.  When the business shuts down, the responsible parties often cannot just go away.  Their licenses and registration papers will show who is responsible for the company’s outstanding debts and claims, and people can still potentially get the money they need from the company after it stops operating.

Many companies are also bought out, so if you lost your job during restructuring, there might be a successor in interest that you can file with, even if the original company you worked for has closed on paper.

Insurance Carriers

Employers throughout Pennsylvania use insurance carriers to take responsibility for their Workers’ Comp claims.  These carriers, rather than the employer, are usually the ones to take in these claims, analyze them, and ultimately pay the claims.  They are also the ones our Philadelphia Workers’ Compensation lawyers will typically fight in court to get you the benefits you deserve.

When a business closes, its Workers’ Compensation policy is usually still active, and any claims currently being paid out or new claims in the future can still be handled by the insurance carrier.

In the rare situation that the company you worked for closed and their insurance carrier closed down, the insurance carrier’s contracts will usually be sold off to another insurance carrier to take on.  It is quite rare that there would be no companies left to handle your claim.

When Can You File Workers’ Comp After the Company Closes

As mentioned, most injured workers will know about their accident and its cause and file a Workers’ Comp claim shortly after the accident.  However, there are a few situations where a delay might be acceptable, and you might not have everything together and ready to file until after the company you worked for already closed down.

Disasters

Sometimes a business closes because of a serious accident or disaster – a disaster that might have also been the source of your injury.  If you worked at a refinery that closed down after an explosion or a restaurant that closed down after a tragic fire, it might be possible that you are dealing with your injury and your Workers’ Comp claim right as the business is closing down.  Our lawyers can help you get the claim filed and paid even if the company is on its way out at the same time.

Comas and Incapacity

If your injury involves serious brain trauma or puts you into a coma or makes you unable to deal with finances and Workers’ Comp claims, you cannot very well file your Workers’ Compensation claim right away.  Your family might be able to file a claim on your behalf and get the case started, but if you have to wait until you recover to a state where you can talk to a lawyer about your case, it is always possible the company you worked for might have shut down in the meantime.  While this is by no means a common situation, it is certainly a difficult one, and you should certainly get help from a lawyer.

Cancer and Occupational Diseases

Some injuries and health conditions like cancer are not always clear as to the cause.  If you work in an industry that has a high incidence of cancer, it might be possible that you stopped working for an employer a few years ago, before the cancer appeared.  The Workers’ Comp Act gives workers a little over 5 years to file a claim for cancer, and if your employer closed up shop during that time, it could complicate your case.

Difficulty Proving Cases

Some claims start right away, with injured workers knowing that they are injured and knowing that it came from work.  However, it might be difficult to get the doctor’s appointments and medical evidence to prove your injury, symptoms, or disability level.  This is common with conditions like CRPS and other “invisible” conditions.  With a case like this, you could go months after reporting before your case is ultimately paid, but your employer cannot dodge paying by closing down their business in the meantime.  Instead, the insurance carrier should pick up the case and ultimately pay the claim.

Call Our Workers’ Compensation Lawyers in Pennsylvania

If you were hurt at work, call (267) 651-7945 for a free case assessment with our Bucks County Workers’ Compensation attorneys at Cardamone Law.