What to Do When You are Injured and Your Employer is Uninsured

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Robert Golan

The Workers’ Compensation Law is an employee’s insurance for injuries sustained while on the job. It is also an employer’s defense from injured employees suing them. Some employers remain uninsured.

Regardless if the employer is insured or not, he is not exempted and still has an obligation to provide benefits. An employee should not have to take care of medical care costs, vocational rehabilitation, and lost wages.

What Employees Can Do About Workers’ Compensation Coverage

An employer can buy Workers’ Compensation coverage from insurance providers. They could also pay the employee directly for coverage of these benefits.

The hurt or injured employee has the right to sue the employer. Our Queens Workers’ Compensation attorney helps the employee decide if this is the best option.

What Could Happen to Employers Who Fail to Have Compensation Insurance

Employers who fail to provide compensation insurance for employees is liable for damages resulting from negligence. This poses a greater liability for the employer because there is no limitation to the amount of compensation. The limitations set on the Workers’ Compensation law that protect employers are for those who follow it.

There is great jeopardy to an uninsured employer, which may threaten business continuity. When sued and proven guilty, a company may face the possibility large fines on the presumption of negligence.

How Robert Golan, a Queens Workers’ Compensation Attorney Helps Injured Workers

Robert Golan, PC, a Queens Workers’ Compensation attorney, helps injured workers file a case against the employer. Civil suits may result in the employer paying a sum for a disability claim, plus an extra surcharge and attorney’s fees.

Not abiding by the Workers’ Compensation law is a serious, but often overlooked situation. Illegally uninsured employers are liable for damages and fines, and they may also receive a felony charge.

The law also protects injured employees. There is a special trust fund for compensation benefits. These allocated funds for the compensation of injured workers are available for claims. With the help of a Queens Workers’ Compensation attorney, an injured employee may file a claim with the state’s Workers’ Compensation fund. That is in the case the uninsured employer is unable to settle compensation claims.

Workers’ Compensation trust funds receive funds through different sources such as:

–  Fines imposed on uninsured employers after a court case
–  Small amount of tax on every workers’ compensation insurance policy written
–  Liens on assets of uninsured employers until their debt settlement

Contact Robert Golan, PC, Queens Workers’ Compensation lawyer for a consultation at 516-586-3910.

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