Claims Against Uninsured Employers

Hamilton NJ Workers’ Comp Claims Against Uninsured Employers Lawyer

With Offices in Trenton and Pennington, New Jersey

Employees in the State of New Jersey are entitled to workers’ compensation for job-related injuries and medical costs. Even if your employer does not carry adequate workers’ compensation insurance, do not lose hope; you may still be able to get compensation for your job-related injury or illness.

Accident at Work Without Insurance Trenton

Kamensky Cohen & Riechelson is a well-respected law firm with more than 40 years of experience and a track record of success in New Jersey and Pennsylvania. We have helped injured workers file workers’ compensation claims throughout Mercer County, NJ, including Hopewell, Ewing, and Robbinsville. Our attorneys have received numerous accolades, including selection for inclusion in the prestigious New Jersey “Super Lawyers.” Call KCR now to discuss your workplace accident and explore your legal options for securing compensation.

Employer Workers’ Compensation Insurance Requirements in Mercer County, New Jersey

New Jersey employers are generally required by law to carry workers’ compensation insurance. This is true for large corporations and small business owners. If an employer does not want to carry workers’ compensation insurance, they need to be approved for self-insured status. This generally requires the employer to prove to the government that they have the financial resources needed to cover job-related injuries.

Your employer’s insurance carrier information should be easily accessible. You should not be forced to research in order to find the name and contact information of the insurance carrier. You can check your employer’s status by contacting the New Jersey Compensation & Rating Inspection Bureau in Newark, NJ.

Penalties for Workers’ Compensation Non-Compliance in Lawrence, NJ

The New Jersey Division of Workers’ Compensation is always on the lookout for non-compliant employers; if they find an employer who does not have workers’ compensation insurance, they may forward the case to the New Jersey Attorney General so that criminal charges can be filed against the employer. Failure to carry workers’ compensation insurance is typically classified as a disorderly persons offense. However, if the failure is determined to be willful, the uninsured employer can be charged with a fourth degree felony.

An uninsured employer is also subject to severe civil fines and penalties. For example, the employer could be assessed a penalty of up to $5,000 for the first 10 days of non-compliance, with an additional $5,000 fine for every ten-day period that follows.

Uninsured Employer’s Fund for Injured Workers in Hamilton, NJ

If you were injured on the job and your employer was not carrying workers’ compensation insurance, you might still be able to get compensation through the New Jersey Uninsured Employer’s Fund (UEF). The UEF is a special fund established to provide temporary disability benefits and medical expenses to injured workers whose employers fail to carry required workers’ compensation insurance coverage.

The process for filing a UEF claim is extremely complicated and often requires the assistance of experienced legal counsel. You will first need to file a formal claim petition. The UEF will then search through the Compensation Rating & Inspection Bureau to determine whether the employer carried sufficient insurance coverage. If it is determined that the employer failed to carry insurance, a case will be scheduled in court and a UEF attorney will be assigned. The employer will then have an opportunity to prove that they did, in fact, carry the correct workers’ comp insurance coverage.

If the court finds that the employer failed to provide insurance coverage and is not willing or able to make payments to the injured worker, the judge may issue an order of non-compliance against the employer. The injured worker’s attorney will eventually need to apply to have the UEF provide payment for all temporary disability and reasonable and customary medical expenses. In essence, the UEF will make payments to you and then seek reimbursement, and interest, from the liable employer.

Suing Your Uninsured Employer in Pennington, NJ

When an employer fails to carry workers’ compensation insurance, they lose their immunity against personal injury lawsuits by workers. If you were injured on the job and your employer did not have workers’ compensation insurance, you will probably need to sue your employer for compensation. Additionally, keep in mind that the UEF does not pay permanent disability benefits. You will need to sue your uninsured employer in order to get compensation for these benefits.

Free Consultation with Princeton NJ Workers’ Compensation Attorneys

Kamensky Cohen & Riechelson will fight to get you the benefits you deserve for your work-related injuries. Call us today to discuss your workers’ compensation case with one of our experienced attorneys, or email us to schedule a meeting at our Trenton or Pennington offices.

Contact Kamensky Cohen & Riechelson

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Let us help you navigate your legal challenges.
Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.