Do we have a case?

My husband was severely injured on the job. He cut his right arm in 2 places, severing an artery. He had to be lifeflighted to Atlanta for emergency surgery. His boss has 2 companies. One company he claims only has 1 employee--my husband. The other he claims has no more than 3 employees, which is not true and can be proven. However, my husband has crossed over and done work for both companies pretty regularly. His boss says that the Dept of Labor says that you have to have 3 or more "full-time" employees to have workman's comp. He is claiming that my husband is only employed by the "one employee" company, therefore he is not required to have workman's comp. The boss has no workman's comp period on either company. We have a lawyer, do you think we will win our case? My husband's arm is now infected and has absolutely no use of his right arm/hand or any feeling in it. I have Fibromyalgia and depend heavily on my husband's help. What do you think? What amount could we expect?

First, whether he is 'required' to have workers comp insurance or not, the fact apparently is that he doesn't, so whether he should or not is irrelevant.

In either case, the fact that an employer doesn't have workers comp insurance does NOT absolve him from responsibility for covering his employees injuries and lost wages etc. If he did not have workers comp insurance, then he is responsible for your husbands medical bills, and for lost wages.

Richard

I concur with Richard above me.