Workers’ compensation insurance is designed to protect employees in case of an accident or injury at work. In New York, almost every employer is required by law to have workers’ compensation insurance for their employees. This insurance provides benefits to workers who are injured or become ill due to their job, covering medical expenses and a portion of lost wages. However, not all employers follow the rules, and some do not have workers’ compensation insurance. If your employer in New York does not have workers’ compensation insurance, it can be confusing and worrying. Understanding your rights and knowing the steps to take can help you protect yourself and get the support you need. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Understanding Workers’ Compensation Insurance Requirements in New York
In New York, most employers are required by law to carry workers’ compensation insurance. This rule applies to nearly all private-sector employers, including those with only one employee. The reason for this requirement is to make sure that if a worker is injured or becomes ill because of their job, they will receive help with medical bills, lost wages, and any other needs related to their recovery. Workers’ compensation is not only for workers in high-risk jobs but also for employees in offices, stores, and other low-risk work environments. Even if your job seems safe, accidents and injuries can still happen.
Workers’ compensation insurance is meant to give peace of mind to employees and employers alike. For employers, it prevents them from having to pay out of pocket for expensive claims. For employees, it provides a reliable way to get medical help and financial support without having to sue their employer. When an employer does not have workers’ compensation insurance, it leaves employees vulnerable, as they may have to look for other ways to cover their losses after an injury.
Steps to Take If Your Employer Doesn’t Have Workers’ Comp Insurance
If you discover that your employer does not have workers’ compensation insurance, there are important steps you can take to protect your rights. The first step is to report your injury or illness to your employer as soon as possible. Even though your employer may not have insurance, notifying them about the injury creates a record that will be important if you need to file a claim later. Be sure to give details about when, where, and how the injury happened and keep a copy of any forms you fill out.
After reporting your injury, you should seek medical care right away. Getting prompt medical attention not only helps with your recovery but also documents your injury. Make sure to inform the doctor or medical provider that the injury is work-related, as this will be important if you need to prove that your injury happened on the job. Save all records related to your medical treatment, including doctor’s notes, bills, and any prescribed medications.
The next step is to check with the New York Workers’ Compensation Board. In New York, if an employer does not have workers’ compensation insurance, the state has a system in place to help workers. You can file a claim with the New York Workers’ Compensation Board to seek benefits even if your employer does not have insurance. This may involve filling out specific forms and providing information about your job, your employer, and the injury. The New York Workers’ Compensation Board will review your claim and determine if you are eligible for benefits through the state’s Uninsured Employers Fund.
Filing a Claim with the Uninsured Employers Fund
The Uninsured Employers Fund is a program in New York designed to assist workers whose employers do not have workers’ compensation insurance. If your employer is uninsured and you were injured on the job, you may be able to get help through this fund. To file a claim, you will need to complete a specific form provided by the New York Workers’ Compensation Board, often known as Form C-3. This form will ask for information about you, your employer, and the accident or illness. You will also need to include any medical records related to your injury and proof that you notified your employer about the injury.
Once your claim is submitted, the Workers’ Compensation Board will investigate to confirm that your employer does not have the required insurance. If they find that your employer is uninsured, they will then determine if you qualify for benefits through the Uninsured Employers Fund. If your claim is approved, you may receive help with medical costs, a portion of your lost wages, and possibly other benefits to support your recovery. This process can take some time, and it may be helpful to have legal guidance to make sure all necessary steps are followed.
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Understanding Your Rights as an Employee in New York
As an employee, you have the right to a safe work environment, and if you get injured on the job, you have the right to seek help. Even if your employer does not have workers’ compensation insurance, you are still entitled to compensation if you are hurt or become ill due to your job. Employers who fail to carry workers’ compensation insurance are violating New York law and may face penalties. In some cases, an employer may be held personally responsible for covering your injury-related costs, such as medical bills and lost wages. If an employer does not cooperate or refuses to pay for your treatment, you may have grounds to take legal action against them.
If you believe that your employer purposely avoided getting workers’ compensation insurance or acted in bad faith, this can also impact your case. New York law takes these situations seriously and has procedures to hold employers accountable. For example, an employer who intentionally fails to have workers’ compensation insurance may be required to pay a fine, cover the injured worker’s costs, and even face criminal charges in severe cases.
Taking Legal Action Against Your Employer
When an employer does not have workers’ compensation insurance, you may be able to take legal action against them. In some cases, filing a lawsuit against your employer can help you recover money for medical expenses, lost income, and other losses that are not covered by the Uninsured Employers Fund. This is especially true if your employer was negligent, meaning they ignored safety rules or failed to provide a safe environment. While suing an employer may seem daunting, it may be the only way to get the support you need to recover from your injury.
A legal case against an employer who lacks workers’ compensation insurance is often more complex than a standard workers’ compensation claim. You will need to show that your injury was directly caused by your job and that your employer failed to provide a safe workplace or did not have the insurance they were required to carry. An attorney can help gather evidence, prepare your case, and represent you in court if needed. The court may award you compensation for medical bills, lost wages, and pain and suffering. However, taking this route can be time-consuming and stressful, which is why it is essential to consider this option carefully.
How an Attorney Can Help You with a Workers’ Comp Claim in New York
Navigating a workers’ compensation claim can be challenging, especially when your employer does not have insurance. An experienced attorney can provide guidance and support to make sure you receive the benefits and compensation you deserve. An attorney can help you understand your rights under New York law, explain the process for filing a claim with the Uninsured Employers Fund, and assist with gathering evidence to support your claim.
An attorney can also represent you if you decide to take legal action against your employer. They can investigate the situation, collect evidence, and present your case in a way that strengthens your position. Having legal support can make a significant difference in the outcome of your case, especially if you are dealing with a difficult employer or complex legal requirements. If your claim is denied by the Workers’ Compensation Board, an attorney can help you file an appeal to try to get a favorable decision.
Moving Forward After a Work Injury Without Workers’ Comp Insurance
If you find yourself injured at work and your employer does not have workers’ compensation insurance, remember that you still have options to get the help you need. While the process can be more complicated, New York has laws in place to protect workers and provide alternative ways to get support through the Uninsured Employers Fund. Reporting your injury, seeking medical treatment, and filing a claim with the Workers’ Compensation Board are all important steps to protect your health and your rights.
Dealing with a work injury is stressful, and knowing that your employer does not have insurance may add to your worries. It’s essential to act quickly to document your injury and explore your options, whether that means filing a claim with the Workers’ Compensation Board or taking legal action against your employer. Each step you take brings you closer to the support you need to recover and move forward.
If you are dealing with a work-related injury and need assistance, consider reaching out to Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. Our experienced team can guide you through the process, help you understand your rights, and work to get you the compensation you deserve. Contact us today to discuss your case and learn how we can support you during this challenging time.