What should you do if your employer doesn’t carry workers’ comp?

On Behalf of | Jun 16, 2022 | Personal Injury

All New Jersey businesses are required to carry workers’ compensation insurance. If you get injured and your employer is uninsured, it’s important to know what to do.

Determine whether your employer is violating the law

Because all New Jersey businesses are required to carry workers’ compensation insurance, even if they have only one part-time employee, those that don’t carry it are probably in violation of the law. However, you have to confirm that this is the case. Only federal businesses can bypass having workers’ compensation coverage.

Confirm that you’re an eligible employee

If you are a regular employee of the company, you would be considered eligible for workers’ compensation coverage in the event that you suffer an on-the-job injury or illness. It doesn’t matter if you’re full-time or part-time as long as you’re on the regular payroll. However, if you are considered a freelancer or independent contractor, you wouldn’t be eligible for workers’ comp benefits.

Know the consequences of failure to carry insurance

Businesses that deliberately fail to carry workers’ compensation insurance can suffer serious consequences. If the company refuses to carry it and offer it to employees who experience legitimate injuries and illnesses on the job, the person behind those actions could face criminal charges.

Injured employees would also have the right to file a civil lawsuit against the employer. Damages they might recover would include compensation they would have received under workers’ compensation. You can file your lawsuit with the state court.

It’s also possible to go directly to the Department of Labor to explain the problem. The Department of Labor could arrange a hearing.

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