Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you file a lost wage claim in Wyoming, you must name the correct legal employer. Many businesses operate under a “doing business as” (d/b/a) name, but a d/b/a is not a separate legal entity. You must identify the underlying corporation, limited liability company (LLC) or sole proprietor that holds the legal responsibility for coverage and payment of lost wages.
1. Identify the Employer’s Legal Entity
Visit the Wyoming Secretary of State’s business search portal at https://wyobiz.wyo.gov/Business/FilingSearch.aspx. Enter the d/b/a name to confirm the official corporate or LLC name, the registered agent and the business address. This step ensures you have the exact name recognized by Wyoming law.
2. Draft Your Claim with Both Names
On your claim form, list the legal name first, followed by the d/b/a in parentheses. For example: “ABC Holdings LLC (d/b/a ABC Services).” This format clarifies exactly whom you are claiming against and prevents a carrier from contesting jurisdiction due to a naming discrepancy.
3. Cite Wyoming’s Workers’ Compensation Act
Wyoming law defines “employer” as the legal entity providing coverage, not its d/b/a. See Wyo. Stat. Ann. §27-14-102 (2023) for definitions. Accurate naming aligns your claim with statutory requirements and avoids objections for misnomer or improper party.
4. Correcting a Misnamed Employer
If you accidentally file with an incorrect name, you can request an amendment before your hearing. File a Motion to Amend with the Wyoming Workers’ Compensation Division, attach your SOS search printout as proof of the legal name, and reference Wyo. Stat. Ann. §27-14-116 (2023). The hearing examiner has discretion to allow corrections to uphold your substantive rights.
Helpful Hints
- Review pay stubs, offer letters or insurance documents for the employer’s legal name. Often the insurer lists the legal entity there.
- Save and print your SOS search results; include them with your initial filing or amendment.
- File your lost wage claim within one year of your injury date per Wyo. Stat. Ann. §27-14-116(a) to avoid missing the deadline.
- Use the Department of Workforce Services online portal to track claim status and check for any office notices.
- When in doubt, describe both names. Listing both prevents carriers from arguing you sued the wrong party.