Tried And True Attorneys Standing Up For The Injured Since 1965

Photo of Craig R. Fishman
Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

What if an employer does not have workers’ compensation?

On Behalf of | Jun 28, 2023 | Workers' Compensation |

Workers often need assistance with treatment and recovery costs when they become sick or receive injuries while performing their job. This is what workers’ compensation insurance is for. In New Jersey, workers’ compensation coverage is a requirement for most employers, and failure to provide this benefit might qualify as a crime.

Lack of workers’ compensation has consequences

New Jersey law generally requires businesses not covered by federal programs to maintain workers’ compensation or secure self-insurance, even when no work-related injuries occur. Failing to meet this requirement usually qualifies as a crime and carries hefty fines. In corporations, liability for failing to provide insurance may extend even to individual corporate officers.

Workers have several options

If their company does not provide workers’ compensation coverage, workers may be able to access the New Jersey Uninsured Employers Fund. This fund might cover medical expenses and temporary disability benefits but usually does not pay for permanent disability. Additionally, it usually takes longer to get payments from the fund than it does from an insurer.

Injured workers may also file a lawsuit for long-term benefits from their employers. Erring employers may be liable for medical expenses and disability and dependency benefits should workplace-related injuries occur. The court will usually put liens against these employers, which injured workers can collect with the court’s help.

It generally helps to have a lawyer in both options. An attorney can help workers effectively and promptly complete the requirements for accessing the Uninsured Employers Fund. They can also help by building a strong case against negligent employers and representing workers in court.