If you’re injured at work, and unfortunately, your employer doesn’t have workers’ compensation insurance, you can still get your worker’s compensation directly from the employer. In most US states like New York, not having workers’ comp insurance is a serious offense that comes with a huge fine.
The Uninsured Employers Benefits Trust Fund (UEBTF) will also pay the workers’ compensation benefits if your employer doesn’t have a workers’ comp insurance. For that to happen, the worker will have to send a request to UEBTF.
To access this benefit, the worker must send a special notice to alert the employer. Medical reports will also be needed to ascertain the extent of the injury. Also, proof of employment needs to be provided alongside a petition to join the Party Defendant UEBTF.
In such a legal case, the employer has the hard work of proving that there was no work-related injury. If the injured worker wins the case, UEBTF will compensate the worker without any issues. In most cases, the employer will be fined and even imprisoned.
Workers’ Compensation Insurance Requirements
Most states in the US make it mandatory for employers to have worker’s compensation insurance. An employer can easily purchase an insurance policy. You will also need a certificate from the director of industrial relations that grants the employer to insure itself.
Most big companies prefer to insure themselves since they have thousands of employees. The reason is that it is cheaper that way compared to paying an insurance company.
Worker’s Compensation Penalties On Insured Employers
Depending on your state, there are penalties for employers who don’t have workers’ compensation insurance. If an employer fails to obtain workers’ compensation insurance, it could lead to a fine or even imprisonment.
After confirmation that an employer doesn’t have a worker’s compensation, the court will prohibit the employer from hiring or retaining any employee until the employer has obtained insurance.
An Uninsured Employee Makes Getting Workers’ Comp Hard
Has it been your employer is insured, getting the necessary compensation for your work-related injury is easy. But when the reverse is the case, the process becomes complicated. If that explains your situation, bring it to UEBTF for compensation. However, it is also another time-wasting process. But it is worth every effort.
Filing A Claim On Civil Court
If a worker files a claim in civil court, it is assumed the employer is at fault until he proves otherwise. The burden of proof lies on the employer to provide evidence that shows the injury was not its fault. Take note that the employer can’t claim that the employee was at fault.
If your employer is not responsive to your claim, hire a competent workers’ compensation lawyer to help you with the processes. An experienced lawyer will evaluate the case and make known your available options toward getting compensated.
Conclusion
If you’re an employee, you’re entitled to a workers’ comp irrespective of whether your employer has an insurance policy or not. To help make the process easier, working with an experienced lawyer will be ideal.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your work injury case.