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.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
