This happens quite a bit to innocent, hard-working people who are hurt on the job due to no fault of their own. What can be done in this situation when there is no workers' compensation insurance available?
In Massachusetts, the Department of Industrial Accidents has a Trust Fund which is set up for this very purpose. The Trust Fund steps in when there is no workers compensation insurance, so the injured employee at least has some remedy. It is worth noting that there are very, very severe penalties for not carrying workers' compensation insurance in Massachusetts, as there should be.