Whether it’s a fall, respiratory illness, heavy machinery accident, or another injury, when it happens at work you assume your employer has workers’ compensation insurance that will cover the costs of your injuries. In fact, New Jersey law requires all employers, who are not covered under federal programs, have workers’ compensation coverage or be approved for self-insurance. What happens if you find out or know that your employer doesn’t have insurance?
First, understand that you can personally check on your employers’ policy coverage with the New Jersey Compensation and Rating Bureau. However, many work accident victims find that if they’ve been injured at the workplace, it’s best to consult with an experienced workers’ compensation attorney who can guide you through your case and help you to understand your options.
Subcontractors and Workers Compensation
While finding that your employer does not have workers’ compensation insurance can be frustrating and cause panic, New Jersey law has accounted for these types of circumstances. On construction sites, for example, there may be employees of subcontractors providing a variety of services. In most cases, general contractors require subcontractors to provide proof of insurance. However, in a situation where a subcontractors’ policy lapsed or if the subcontractor doesn’t have workers’ compensation coverage, the general contractor is expected to provide you with benefits. That being said, this type of negotiation and claim requires the intervention of an experienced workers’ compensation attorney to work on your behalf.
New Jersey Uninsured Employer’s Fund
The New Jersey Uninsured Employer’s Fund offers another option for injury victims left without coverage for workplace injuries. The Uninsured Employer’s Fund provides medical care and temporary disability benefits to injured workers. You or your New Jersey workers’ comp lawyer will need to file a formal claim with the Worker’s Compensation court. You will then need to file a separate motion to add the Uninsured Employer’s Fund as a party to your claim.
Serious Workplace Injury
If you’ve been seriously injured in a workplace accident and you believe your employer does not have workers compensation insurance, you may have a case against your employer’s business. While the New Jersey Uninsured Employer’s Fund does not cover permanent disability, you may have a case against your employer directly. Additionally, failure to maintain workers’ compensation insurance is considered a serious offense under the law and comes with hefty fines and penalties.
Brandon J. Broderick, Workers Compensation, Attorneys at Law
At Brandon J. Broderick, Attorney at Law, we are dedicated to assisting clients throughout New Jersey and New York with their workers’ compensation cases. Our attorneys approach every case with empathy, respect, and a passion to help clients turn a setback into a comeback. We have years of experience and the extensive resources you need to secure a fair case result. Contact us for a free consultation.