Common Questions About Workers Comp
Work-related injuries can be deeply impactful, and the process of workers’ compensation can be especially complex, especially when an employer does not have the necessary workers’ comp insurance. At Rispoli & Borneo P.C., we often encounter questions from clients in such situations. Understanding your rights and options is crucial, and we’re here to help clarify these points.
What Happens If My Employer Doesn’t Have Workers’ Comp Insurance?
Workers’ compensation insurance is in place to ensure that employees receive the necessary benefits after an accident which can include coverage for medical expenses, disability benefits, job rehabilitation, and more. When an employer in New Jersey lacks workers’ comp insurance, it doesn’t negate your right to compensation for injuries sustained on the job. You may pursue a personal injury claim against the employer. This differs from a standard workers’ comp claim as it allows for the recovery of pain and suffering damages, which are not available under workers’ comp.
Can I Sue My Employer Directly For Injuries?
Yes, you can. If your employer has failed to carry workers’ comp insurance, you have the right to file a lawsuit directly against them. This legal action is different from a typical workers’ comp claim, as you’ll need to prove negligence on your employer’s part, a requirement not needed in standard workers’ comp cases. It’s recommended that you consult with a lawyer who can help by reviewing the case and determine a course of action.
What Types Of Compensation Can I Recover?
In a lawsuit against an employer without workers’ comp insurance, you can seek compensation for medical expenses, lost wages, pain and suffering, and potentially punitive damages. This is broader than typical workers’ comp claims, where benefits are usually limited to medical expenses and a portion of lost wages.
Are There Any Penalties For Employers Without Workers’ Comp Insurance?
Yes, there are significant penalties. Employers in New Jersey are required by law to have workers’ compensation insurance. If they fail to do so, they can face severe fines, civil penalties, and even criminal charges. This strict enforcement helps ensure that workers are protected.
What Should I Do If I’m Injured And My Employer Doesn’t Have Insurance?
First, seek medical attention for your injuries. Then, it’s advisable to consult with a Northern New Jersey workers comp lawyer. A lawyer can help you understand your rights and guide you through the process of filing a claim or a lawsuit against your employer.
Securing Your Rights
When an employer does not have the proper insurance, the stress of a workplace injury can only become more challenging and stressful to manage. It’s important to understand your rights and the different avenues available for seeking compensation. Our team is committed to providing guidance and support through these challenging situations. If you find yourself injured at work and facing the uncertainty of an uninsured employer, don’t hesitate to reach out to us. We’re here to ensure that your rights are protected and to help you maneuver the legal process for the compensation you deserve.