What Happens When an Employer Fails to Insure for Workers’ Compensation?
New Jersey law requires all employers in New Jersey, except for public employers and employers of domestic workers, to provide workers’ compensation benefits, either through an insurance policy or through a state-approved self-insurance plan. Failure to do so can carry with it the following legal consequences:
- A disorderly persons criminal charge for failing to insure;
- A charge for a fourth-degree crime, if the action was willful;
- A fine of $5,000 for the first 10 days and up to $5,000 for each additional 10-day period of noninsurance; and/or
- Personal liability for officers of the company if the employer is a corporation.
The employer cannot discharge the penalties if it goes bankrupt.
When an employee is injured or killed in a work-related accident, an employer (including the officers, partners, or member of a limited liability company) who fails to insure for workers’ compensation is liable for:
- Medical expenses;
- Temporary or permanent disability;
- Dependent benefits (in case of death); and
- Civil penalties.
If you think any New Jersey employer is uninsured for workers’ compensation, you should notify the appropriate authorities by calling the New Jersey Office of Special Compensation funds at (609) 292-0165 or filling out and mailing or emailing a “Report of Non-Compliance” form. You may remain anonymous, but be prepared to give the name and exact address of the employer and, if you know this information, the names of the principal operators of the business.
If you’ve been injured in a work-related accident, get the legal advice you need from experienced New Jersey workers’ compensation lawyer Dan T. Matrafajlo. For a free initial consultation, simply fill out the form on this page.