Can I Sue My Uninsured Employer?

Suffering a workplace injury can be stressful, particularly when worrying about financial stability. This incident becomes far more complex if you discover that your employer has failed to maintain the required workers’ compensation coverage. Despite this alarming news, it’s crucial to understand that there are robust legal protections in place to ensure you obtain the benefits you are owed. Please continue reading to learn the steps you must take to protect your rights and how our experienced Hudson County Workers’ Compensation Lawyers can help you understand your legal options. 

What is Workers’ Compensation? 

First and foremost, it’s crucial to understand that nearly every employer in New Jersey, with limited exceptions, is required to carry workers’ compensation insurance. Workers’ compensation provides financial support to employees who sustain injuries or illnesses while executing their job duties. It operates under a no-fault system, meaning employees can receive benefits without having to prove negligence. 

What is New Jersey’s Uninsured Employment Fund (UEF)? 

If you discover that your employer doesn’t carry workers’ compensation, you can turn to the state’s Uninsured Employers Fund (UEF). This is a special fund that acts like a safety net, providing necessary medical expenses and temporary disability benefits to injured workers if an employer fails to carry workers’ compensation insurance. However, there are limits. UEF doesn’t provide coverage for permanent disability. 

Can You Sue Your Uninsured Employer? 

Depending on the unique circumstances of your case, it may be in your best interest to pursue legal action against your employer. While standard procedure usually prevents you from suing an employer for negligence, this protection is removed when they fail to carry workers’ compensation insurance, leaving them exposed to legal claims. 

Unlike a standard workers’ compensation claim, a lawsuit directly against an uninsured employer allows you to seek compensation for your non-economic losses, like pain and suffering. 

What Steps Should I Take?

Following a workplace accident, you should seek immediate medical attention. Once you’ve been assessed, you must inform your employer or a supervisor. You should put it in writing to establish a paper trail of the incident. 

From here, it’s advisable to engage a qualified Hudson County workers’ compensation lawyer who can help you file a “Report of No-Compliance.” Your employer can face significant penalties for failing to carry workers’ compensation insurance. At Lerner, Piermont, Riverol, & Lawlor, P.A., we are ready to hold your employer accountable for their wrongdoing. 

If you’ve been injured on the job, please don’t hesitate to connect with our firm today to discuss your legal options. We are prepared to help you fight for the justice and compensation you deserve