New Jersey’s Uninsured Employers Fund (Part 2): Filing a Claim
Continue from Uninsured Employers Fund (Part-1)
When you are injured on the job, you simply assume that your employer will take care of your medical bills and disability benefits. Then you learn that your employer does not have workers’ compensation insurance and is not self-insured. But, with the help of your New Jersey workers’ comp attorney, you can still get compensation under New Jersey’s Uninsured Employers Fund.
Filing a Claim Under the Uninsured Employers Fund
Even though injured employees of uninsured employers are entitled to compensation under New Jersey’s Uninsured Employers Fund, benefits are not automatically awarded. The commissioner has promulgated rules which you and your attorney must follow in order to successfully receive compensation.
Pursuant to the rules, your New Jersey workers’ comp attorney has 45 days from the date that you found out your employer is uninsured to file a notice of motion to join the Fund with the Division of Workers’ Compensation.
Your attorney will also need to get written confirmation from the Division of Workers’ Compensation Rating and Inspection Bureau that your employer is not insured. A copy of this confirmation must be included in your motion.
Additionally, your attorney has to make personal service of the claim petition and motion to join the fund on the respondent Uninsured Employers Fund. In the event that you are unable to serve the Fund, your New Jersey workers’ comp attorney will need to make a motion with the director of the Division of Workers’ Compensation for substituted service.
For more information about successfully filing a claim with New Jersey’s Uninsured Employers Fund, you should consult with a New Jersey workers’ comp lawyer as soon as you learn that your employer does not have workers’ compensation insurance. To schedule a complimentary consultation, call Dan Matrafajlo at (908) 248-4404 for a free consultation.