If my employer is filing for bankruptcy, can they still be liable if I was injured? 28 Answers as of November 04, 2011

If you file a claim against them and they file for bankruptcy and include your claim, your action against the company will be stayed and will most likely be wiped out in bankruptcy. If you get a judgement against them prior to them filing for bankruptcy, you will be standing in line with all their other creditors to get paid, if there is anything to get paid from.

This would be a workers' compensation claim. The company should have insurance, and the insurance should cover the accident regardless of whether or not the company went bankrupt. However, that being said, if the company does not have insurance, you will have a harder time getting paid, but your claim will be at the top of the list of creditors. You should immediately consult with an attorney about filing a claim. If the company is uninsured the matter should immediately be set for a hardship hearing so that the Second Injury Fund can step in and at least pay for treatment. Once your treatment is done you can have a full hearing for a final judgment against the company.

Workplace injuries are covered by the Department of Labor & Industries.

Yes. The answer will depend on whether or not the employer purchased workers' compensation insurance coverage. File the claim with your employer and see if an insurance company contacts you. If not contact the Iowa Industrial Commission and report the employer.

No worries. Your company's bankruptcy has nothing, whatever, to do with a Worker's Compensation claim. If your company purchased the policy of Workers' Compensation insurance, the policy will pay on the claim, regardless of whether the employer files bankruptcy or ceases to operate. If your employer was self-insured at the time of your injury, they were required to comply with various state regulations. Given that compliance, the claim would be paid through the state guarantee fund. It is absolutely unnecessary for you to concern yourself with these details. If you are injured, you need to seek immediate medical care, fully report the injury to your employer, and hire an experienced Worker's Compensation attorney to represent you, in that order. Your attorney will sort out the details and explain it to you. Good luck.

If there is a compensation policy in effect you should be fine. File a report of injury first.

First, find out if he carried workers compensation insurance. If he did, you'll be covered regardless of whether he declares bankruptcy or not. If he did not carry comp insurance, then you're out of luck if he lists you as a creditor.

Most employers have workers comp insurance to cover this and bankruptcy would no affect the insurance coverage. If the employer has no insurance and goes bankrupt, you may be unable to collect. You should file a workers compensation claim and push it is far as you can.

He must carry Workers Compensation Insurance. If not, then you can sue him and I suspect that it's not dischargeable in bankruptcy. Also, you can still get Workers Comp if your employer was not insured under the "uninsured" provisions of the Workers Comp law.

First you need to see if he had Workers Compensation insurance as required by Indiana law. If he did at the time of your injury then the insurance company will have to pay even though the employer is going bankrupt. If not then you need to get the employers bankruptcy information and file a claim.