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New Jersey Workers’ Compensation Lawyer Gives General Overview of the Uninsured Employers Fund
What happens if you’ve been injured on the job, but your employer does not provide workers’ compensation insurance in direct violation of New Jersey law? Can you still recover some benefits or compensation for your injuries? In this article, New Jersey workers’ compensation lawyer Dan Matrafajlo will explain how you can still receive temporary disability benefits or get payment for your medical expenses through a program called the Uninsured Employers Fund.
New Jersey Worker’s Compensation Law (N.J.S.A. 34:15-120.1) established the Uninsured Employers Fund so that injured employees can be paid medical expenses and temporary disability benefits, even if their employers failed to provide law-mandated workers’ compensation insurance coverage or defaulted on the required benefit payments that have been awarded to the injured employee by the Division of Workers’ Compensation. However, the Uninsured Employers Fund does not compensate for permanent disabilities that may arise out of workplace injuries.
The process of receiving benefits is the same as a typical workers’ compensation claim: you must file a formal workers’ compensation claim with the New Jersey Division of Workers’ Compensation. If it finds that your employer is uninsured, then either you or your New Jersey workers’ compensation lawyer must file a motion to join the Uninsured Employers Fund.
Although the Uninsured Employers Fund does not pay out any permanent disability benefits, the Superior Court will docket any permanent disability benefit award made by the Division of Workers’ Compensation as a lien against your employer. If it’s possible to locate your employer’s assets, you and your New Jersey workers’ compensation attorney could bring a lawsuit in court to collect on that lien.
If you have a workplace-related injury or illness, do not hesitate to contact experienced New Jersey workers’ compensation lawyer Dan T. Matrafajlo to get the legal help you need. For a free initial consultation, simply fill out the form on this page.