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What Happens if My Employer Doesn’t Carry Workers’ Compensation Insurance?

warehouse workers tending to injured coworker

If you work in the state of New York, then you have the right to a safe working environment, and your employer is legally required to provide you with workers' compensation insurance.

However, some employers may try to cut corners and fail to carry this critical insurance coverage..

Employer Obligations Under New York Law

Under New York law, all employers are required to provide workers' compensation insurance coverage for their employees. This coverage includes payments for medical expenses, lost wages, and other expenses related to work-related injuries or illnesses.

Employers must either purchase this insurance from an authorized insurer or insure themselves, and they are required to display a notice in a conspicuous location at the workplace so that employees are aware of their rights to compensation.

Penalties and Fines for Noncompliance

Employers who fail to provide workers' compensation insurance coverage may face significant penalties and fines. Specifically, if an employer is found to have failed to obtain workers' compensation insurance, they can be penalized up to $2,000 per 10-day period of noncompliance. If an employee is injured on the job and the employer does not have workers’ compensation insurance at the tie of the injury, the employer will to pay the full cost of medical expenses and lost wages for injured employees, which can quickly become expensive, and the employer may face thousands in fines and penalties on top of that.

What Injured Employees Can Do

If you are injured on the job and your employer does not carry workers' compensation insurance, you still have options for seeking compensation for your injuries.

One option is to file a lawsuit against your employer, seeking damages for your medical expenses, lost wages, and other expenses related to your injury. Ordinarily, you cannot sue your employer directly for accidents you have at work and can only file a workers’ compensation claim, but if your employer does not have workers’ compensation insurance, you have the choice of either filing a workers compensation claim or suing. Suing your employer can potentially get you far more money than a workers’ compensation claim ever could.

Tips for Protecting Your Rights

It's important to take steps to protect your rights and ensure that you are covered in case of a workplace injury. One way to do this is to talk to your employer about their workers' compensation insurance coverage and make sure they are complying with state law.

You should also seek medical treatment as soon as possible if you are injured on the job and keep detailed records of your medical expenses and lost wages. Finally, you may want to consider speaking with an attorney who has experience in handling workers' compensation cases to ensure that your rights are protected and that you receive the compensation you deserve.

How Schotter Millican, LLP Helps Injured Workers

At Schotter Millican, LLP, our workers' compensation attorneys are committed to helping injured workers in New York protect their rights and seek the compensation they deserve. We understand how challenging it can be to navigate the complex workers' compensation system, particularly if your employer is non-compliant with state law. Our experienced attorneys will work closely with you to understand the specifics of your case and develop a customized legal strategy aimed at achieving a successful outcome.

Contact us today at (718) 550-0610 to learn how we can help you through the process.

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