In New Jersey, any employer in the state not covered by federal programs needs workers’ compensation coverage for their employees. Even sole proprietors must have workers’ compensation coverage if someone other than the principal owner performs services for the business.
New Jersey law requires employers to have coverage in typically one of two ways:
- Most commonly, employers purchase workers’ compensation coverage from an insurance provider. The insurance coverage will charge premiums based on the number of employees, the size of the payroll, and any history of claims. Your employer may need to pay additional premiums if you successfully file a workers’ compensation claim.
- An employer can become self-insured if the Department of Banking and Insurance Commissioner approves them. The employer must prove they have the financial resources to pay claims. Then, the employer would decide to approve or deny your claim.
You Have Legal Options When Your Employer Did Not Obtain Coverage
You can still obtain benefits if your employer does not have workers’ compensation insurance. New Jersey has an Uninsured Employers Fund that benefits employees whose employer did not have workers’ compensation coverage. You do not have to pay the price for your employer’s failure to follow the law.
There is another effect for employers who do not have workers’ compensation coverage. Typically, an employee cannot sue their employer in a personal injury lawsuit. If the employer does not have workers’ compensation insurance, you can sue them directly in court. If you are able to prove that they were negligent, you could get more compensation than you would have received in a workers’ compensation claim.
Filing a Workers’ Compensation Claim for an Injury
For an injured worker, proceeding through the workers’ compensation is mandatory if they want benefits. One exception is when there is a third party who is responsible for the injury. Then, the injured employee can file a personal injury lawsuit against the third party.
Contact Our Monmouth County Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams
If you have been injured on the job, our Monmouth County workers’ compensation lawyers at the Law Offices of Michael S. Williams can help. Call us today at 732-351-2800 or contact us online to schedule a free initial consultation. We have offices in Tinton Falls and New Brunswick, New Jersey. We serve clients in the Shrewsbury, Tinton Falls, Middlesex County, and Monmouth County areas and throughout the state.