No win / no pay attorney in work accident with no workers comp?

Ok…I’ve posted several questions about an accident that I had at work and my boss did NOT have workers comp. I will post it below after these questions. It’s clear that I will need to hired an attorney or file with workers comp who will then go after him themselves. So….I was reading that he could be found negligent for not carrying workers comp. Is this a type of situation to where personal injury attorneys might take the case in a "no win-no pay" type thing? I’m SO BROKE after all of this there’s no way I can afford an attorney. Thank you!

Original post – "I had an accident at work in Colorado late last September and it resulted in me having to have surgery. Bills amounted to over ,000. My employer did NOT have workers comp insurance and he’s required to by law.All he had was basic liability insurance. Also, he just works under his own name. Not incorporated or anything. NOW…the foot is infected and I’m having a second surgery. I feel like I HAVE to pursue him legally now. I just can’t afford this. I talked to workers comp in Colorado and they said that I should file claim with them and they would make him pay what I’m entitled to PLUS another 50% of that total as a penalty for not having workers comp insurance. My question is….could I settle privately with him for a smaller amount? Other than his house, I know he doesn’t the means of paying such an amount but COULD probably do something smaller. Any help would be appreciated. Thank you!!!"

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    7 Responses to “No win / no pay attorney in work accident with no workers comp?”

    1. Kengem Says:

      I think the short answer is yes you likely can find a PI attorney to take the case. Whether they would agree to "no win / no pay" would probably depend on their assessment of the odds of victory. Couple questions: are you sure the 50% fine goes to you? I wouldn’t be surprised if the penalty goes to the state. Also, the additional surgery is not the employer’s fault. Sounds like the doctor / hospital botched it. Good luck!

    2. Quizzard Says:

      You need to sue him personally. If he has sufficient assets, any decent lawyer should consider this a winnable case and be willing to take it on contingency.

    3. Howard L Says:

      If he has no assets to pay a court judgment you’re going to have difficulty finding a lawyer to take the case on a contingency basis. The lawyer doesn’t get paid if your employer has no assets.

      It’s not your concern whether or not he can pay although it is decent of you to be concerned about him. He obviously wasn’t too concerned about his workers if he chose to break the law and not get insurance. My advice it to have Colorado workmans comp go after him for what he can pay. If he can’t pay everything there will be a judgment against him which you can collect if he comes into money in the future. You will probably be able to put a lien on his house which won’t give you money now but you will get it when the house is sold, whenever that might be.

      If you are still concerned about him after the dust clears there is nothing preventing you from giving him back any money you get awarded and there is nothing preventing you from signing off that the judgment was satisfied and releasing the lien even if you don’t get a dime.

    4. Dr. Snark Says:

      This is certainly a situation that some attorneys would be willing to consider on a contingency basis. You’ll need to start looking around for personal injury lawyers in your area and calling them.

      Your former employer can get in trouble for not carrying workers comp. However, the penalty for this would go to the state, not to you.

    5. C O R R U P T Says:

      A LAWYER WANTS 33.3% IF THEY WIN. YOU SHOULD GET A EDGAR SCHEISTER LAWYER OR YOU WILL GET NOTHING…YOU CANT WIN IN COURT WITHOUT A LAWYER AND ONLY RICH CAN AFFORD 3-4K FOR A REAL ONE.PLUS THE EXTRA 10K FOR AN EXPERT TESTIMONY.. THE NO WIN NO PAY HAVE THOUSANDS OF CASES AND WILL PRESENT THE CASE THE CHEAPEST WAY POSSIBLE..THEY ARE ALL FLY BY NIGHT ATTORNEYS AND SKIM THE WATERS FOR THEIR MONEY FROM VICTIMS THE EASIEST WAY POSSIBLE. MOST SUB CONTRACT YOUR CASE TO ANOTHER SCHEISTER… IT MAY TAKE A FEW YEARS TO BE COMPENSATED BECAUSE THE JUSTICE SYSTEM IS A JOKE.. AND IF YOU GO UP AGAINST HIS LIABILITY INSURANCE COMPANY THAN THEY WILL PAY A LAWYER TO FIGHT THE C ASE RATHER THAN PAY YOU ANYTHING….

      YOU MUST THINK ABOUT THIS………..DO YOU WANT TO WAIT FOR MANY YEARS TO LOSE IN COURT. HE COULD JUST FILE BANKRUPTCY..EITHER WAY YOU AS THE VICTIM WILL BE REVICTIMIZED BY THE JUDICIAL SYSTEM… THE JUDICIAL SYSTEM IS WORTHLESS WHEN IT COMES TO GETTING JUSTICE…..YOU MUST FIGURE OUT ANOTHER WAY TO GET JUSTICE..

    6. Milton Says:

      You don’t want advice. You are telling the readers what you want to do and asking them to approve of it. Since you have already made up your mind, just do it your way.

      If you want real help, do what the Worker’s compensation bureau told you to do. It will put your employer in a position where he will have to negotiate. Your way? He can stall until the cows come home.

      Businesses who choose to cheat need to be told that it is not right or the next guy will be in the same position you are. Just think of it this way: By not paying what he is supposed to pay, he is living off your dime. What if he hasn’t been paying your SS taxes either? Then you get no credit toward retirement. Is it okay to get a private pension from him instead?

    7. Paula Dia Says:

      Try http://www.americaslegalattorneys.com is an attorney directory