Yes. The fact that the company is out of business does not prevent a Workers’ Compensation claim, because you would be covered for your work injuries by the Workers’ Compensation insurance policy in place at the time of your injury. As long as your former employer had such insurance, you are covered.
You have two (2) years from the date of the accident or from the date of your last authorized medical treatment to file a Workers’ Compensation claim. If, however, you have not reported the accident or have not received medical treatment during this period, you might have a very difficult time successfully proving your case, despite technically having one.
In this scenario in which you were previously hurt and your company is now out of business, you should consult a Workers’ Compensation attorney immediately to determine: 1) if your former employer had insurance; and 2) whether there is sufficient evidence to prove you were injured on the job.
Feel free to reach out to me with any Workers’ Compensation questions.
By: Chris Hoskey, Esq.