Legal Question in Workers Comp in New Jersey
The Abuse of Workers Continues Today
Can an employer be held liable for a injury an employee sustains while on the job, even though the employer does not carry Workers's Comp. Ins.and has been notified by employee of the injury?
My employer threatened to fire me if she was forced to obtain Worker's Compensation Insurance, which she never had in over 20 years in business. Can I sue said employer for not carrying this Insurance and knowinly hired me anyway? I know I can report her to the State also...but do not want to lose my job at this point. Should I see an attorney?
1 Answer from Attorneys
NJ Workers Comp
I have to assume that you've actually had an injury and aren't just wondering hypothetically.
See an attorney before you do anything else. You may have an option to sue the employer for all damages.
I don't know if New Jersey protects workers from retaliation for filing a comp claim. Pennsylvania doesn't, which I find shocking.
New Jersey does make it a offense for an employer to not carry comp insurance, and I THINK (but am not sure) the NJ statute makes the officers of an uninsured corporate employer personally liable for benefits. But you need real legal advice.
See an attorney; there's no fee for a consultation on cases like this.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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