Laws vary by state, but most employers are required to carry workers comp insurance. This is the case for the state of New York. This protects not only the workers but also the company. In many cases, failure to do so is a crime.
What If My Employer Isn’t Following the Law or is Exempt?
Despite the fact that employers are required by law to carry worker’s comp insurance, there are some employers who don’t. That doesn’t mean that you, as an employee, have no recourse if you are injured on the job. If you are an employee who was hurt at work, there are laws protecting you. You may be eligible to get money to cover lost wages, medical bills, and other monetary losses that occurred because of your injuries.
Employees of uninsured employers can still file workers comp. This can result in the employer being personally held liable for the injuries to the worker.
After any work injury, it is a good idea to consult a worker’s compensation attorney. The laws vary from state to state and an experienced attorney will know the best way to proceed. For instance, New York has an uninsured Employers Fund. It covers medical payments to the employee when their employer doesn’t have worker’s comp insurance.
Do I Have Any Recourse Besides the Uninsured Employers Fund?
Your attorney can help you decide the best course of action. If there is no recourse through an Uninsured Employers Fund, you may be able to seek compensation through a personal injury claim. These are different than workers compensation in that the claimant must prove the defendant is at fault for their injuries. Having an experienced attorney to assist you if you need to file a personal injury claim is vital. They understand how the court system works and the rights of the employees in their state.
Where Can I Get Help?
If you were injured at work, the law provides provisions for you in every state. Don’t let your employer’s lack of workers comp insurance leave you feeling like you have no recourse. An experienced attorney will help you get the compensation you deserve.
If you reside in the Long Island, Queens, Nassau, or Suffolk areas of New York, Robert Golan can assist you. He is an experienced attorney who is eager to help you get the compensation you deserve. Call today for a free lawyer consultation at (516) 586-3910.Share This