Queens Uninsured Employer Workers' Compensation Attorneys

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.