Q Can I receive workers' comp benefits if my employer doesn't have insurance?
The short answer is yes. When you are hurt in a NJ work accident, your employer is responsible for taking care of your medical bills and disability benefits. However, even though it is required by law, it's possible that your employer doesn't have Workers' Compensation insurance. Now what?
In New Jersey, the Uninsured Employers Fund exists to help people in this situation. First, you would still need to file a formal claim against your employer with the Workers' Compensation Court. If it finds that your employer is uninsured, then you or your NJ work injury lawyer must file a motion to add the Uninsured Employers Fund as a party to your case. If you are successful, the Fund will provide you with compensation for your medical bills and lost time from work.
In a typical workers' comp case, you may also be entitled to a cash settlement if your injury caused a permanent loss of function. This would normally be paid by your employer's insurance company. Unfortunately, the Uninsured Employers Fund does not pay out any permanent disability benefits. However, you still have options. If your employer refuses to pay you, you can place a lien on his business or personal property to force him to pay you the money you deserve.
This process is confusing, so it's a good idea to have an experienced NJ workers' comp lawyer on your side. Manfred Ricciardelli has been through this before; he understands your rights as an injured worker and will fight to get you the benefits you need. He'll deal with the legalities of your case so you can focus more on your recovery. For a free consultation, contact us today at 973-285-1100.