Uninsured Employers & Workers’ Compensation
Queens Workers’ Comp Attorneys for Uninsured Employer Claims
In the state of New York, most employers are required to carry workers’ compensation insurance. If an employer has even one employee, they must provide coverage for that employee (with few exceptions). However, if you are injured on the job and your employer is uninsured, you may still have several options when it comes to recovering compensation.
Since 2003, the Harris Firm, LLC has been fighting for the rights of injured workers throughout New York City. Our Queens workers’ compensation lawyers have nearly 30 years of experience practicing workers’ compensation law and understand the complexities involved in claims against uninsured employers. We are available to assist you with your questions and provide free initial consultations for all new and prospective clients. We have two offices conveniently located in Queens and the Bronx and can travel to you if your injuries prevent you from coming to us.
Can You Sue an Employer If They Are Uninsured?
Because workers’ compensation is mandatory for most businesses in New York, employers who fail to carry workers’ compensation insurance could face criminal and administrative penalties. They may also face civil litigation from employees who are injured on the job due to negligence or wrongful conduct.
If your employer does not have workers’ compensation insurance, you may be able to file a personal injury lawsuit against them after a work-related accident, injury, or illness. In most cases, to have grounds for a lawsuit, you will need to prove that your employer was negligent in some way.
Examples of employer negligence that can lead to accidents and related injuries include:
- Improper training
- Inadequate supervision
- Safety standards violations
- OSHA violations
- Negligent hiring practices
- Unsafe working conditions
It may also be possible to bring a third-party claim or lawsuit against another liable party. For example, if you were injured while using defective equipment, and your employer is uninsured, you could be able to sue both your employer and the manufacturer of the defective equipment for compensation.
Note that workers’ compensation is a no-fault system that allows injured employees to recover benefits after work-related injuries and medical conditions, regardless of fault. In return, employees cannot sue their employers if they are eligible for workers’ compensation. You may only have a lawsuit against an employer if they do not offer workers’ compensation insurance, whether lawfully or unlawfully.
What Is the New York State Uninsured Employers Fund?
To help injured and disabled workers who are not entitled to workers’ compensation or who work for uninsured employers, the state of New York has what is known as the Uninsured Employers Fund. Maintained by the state’s Workers’ Compensation Board, the Uninsured Employers Fund provides critical financial resources to those who are not able to recover immediate compensation through civil legal action.
Recently, lawmakers in New York passed a bill that requires the Workers’ Compensation Board to automatically name the Uninsured Employers Fund as the default source of compensation when an insurer cannot be identified within 10 days of a work-related injury or illness that qualifies for workers’ compensation coverage. Once the bill is signed into law and takes effect, the Uninsured Employers Fund will be responsible for paying medical expenses and related costs for injured employees when the employer’s insurer cannot be determined. The Uninsured Employers Fund would also be responsible for continuing payments until the insurer is identified.
To learn more about the Uninsured Employers Fund, including whether you qualify for payments, contact our Queens workers’ compensation attorneys for employees of uninsured employers. We offer free initial consultations with zero obligation and have an open-door policy at both of our office locations, so appointments are not necessary.
Contact the Harris Firm, LLC for a Complimentary Consultation
Our attorneys understand just how stressful it is to be injured on the job. When your employer does not have the proper workers’ compensation insurance, getting paid for your medical expenses, lost wages, and other related costs can be an uphill battle. With our firm by your side, however, you can have confidence knowing that a team of experienced and proven attorneys is fighting for you.
You should know that many law firms accept workers’ compensation cases only to refer them out to other attorneys. At the Harris Firm, LLC, we personally handle these cases in-house. When you choose our Queens workers’ compensation lawyers for your uninsured employer case, you will be directly connected with your attorney from the first moment you call. Our entire staff offers compassionate, personalized legal services, as well as attentive representation and aggressive advocacy throughout the legal process. As your legal team, we are prepared to fight tirelessly for you and your rights.
Our multilingual staff can assist you in English, Spanish, French, Russian, and Bangali/Vangia, and we provide all our legal services on a contingency fee basis. This means that you do not pay any upfront or out-of-pocket expenses when you hire our firm. Instead, we only collect legal fees if we successfully recover compensation for you.
Mr.Harris handled my case perfectly- Saidou K.
I changed my attorney to Mr.Harris and it was the best decision I've made- Genesis A.
Mr. Harris was very professional, and I’m very grateful what he has done for my case.- Lola L.
Very grateful! Definitely will recommend Mr. Harris to anyone who needs.- Sharanjeet S.
Mr. Harris is the very best in the business has been doing this for over 25 years- Israel Y.