Most employers in New York and New Jersey are required by law to obtain workers’ compensation insurance for their employees, or self-insure. Despite criminal penalties and civil liability for not obtaining workers’ comp insurance, there are employers who fail to carry coverage.
Each state has established an Uninsured Employers Fund for workers who are injured on the job and find that their employer has no workers’ compensation insurance. The funds provide medical expenses and lost wage reimbursements for approved claims.
In most cases, if you have suffered a serious workplace injury and your employer does not have workers’ compensation insurance, you’ll likely need the assistance of an experienced workers’ comp attorney to obtain the financial assistance you deserve. If you find yourself in this position, the attorneys of Ginarte Gallardo Gonzalez Winograd L.L.P., have the experience in New York and New Jersey necessary to help you.
Options for Workers’ Compensation from Uninsured Employers
If you are seeking workers’ compensation benefits for an occupational injury or illness and find your employer has no insurance, don’t give up. You may still have legal options for obtaining the compensation you deserve.
First you should make sure your claim is forwarded to your state’s Uninsured Employers Fund. In New Jersey, the worker or must submit a specific motion to the Division of Workers’ Compensation to join the Uninsured Employers Fund. An attorney from the Ginarte Law Firm can help with this filing.
The Uninsured Employers Fund pays medical benefits and compensation for loss of work (temporary disability benefits) in lieu of payments from the employer, once these benefits have been awarded by the workers’ compensation board.
However, the employer remains liable for these payments to the injured employee. You may sue your employer for this money. If you work for a corporation that has failed to buy workers’ compensation coverage, the corporation’s president, secretary and treasurer may be personally liable for the medical care and compensation payments you are due. They may be named defendants in a lawsuit. They may also face criminal penalties.
If you recover money from your employer, you may have to repay money you received from the Uninsured Employers Fund. A properly drawn lawsuit could more than make up for this, as it makes sure you have the compensation you require for a full recovery or a life with the work-related disability you have sustained.
The Ginarte Law Firm can provide you with the professional, experienced representation you’ll need to ensure you obtain necessary compensation for a workplace injury in the absence of workers’ compensation insurance.
We can ensure that your workers’ compensation claim is sent to the Uninsured Employers Fund without delay and is properly processed. We can also file appropriate legal action in New York or New Jersey to compel your employer to provide you the financial assistance you are due.
Get Help with Your Claim Involving an Uninsured Employer
If you have a workers’ compensation claim in New York or New Jersey and your employer has failed to obtain insurance, the Ginarte Law Firm is ready to discuss the legal options available to you. We have more than 150 years of combined experience with helping accident victims get the money they need. We will seek out and work diligently to obtain the compensation you and your family deserve.
- New Jersey Department of Labor and Workforce Development – Frequently Asked Questions
- New Jersey Department of Labor and Workforce Development – Insurance Requirements
- New York State Workers’ Compensation Board – Understanding Workers’ Compensation Insurance