Legal Question in Workers Comp in New Jersey
If my empoyer is illegally uninsured can I sue him instead as a personal injury
Dear LawGuru,
From an accident at work, I broke my rib and damaged muscles in my rib area, I smashed up my shin and have permanant bruising there and pain, I hurt my mid and low back and left hip and landed on my hand at the end of the accident and have carpal tunnel injury from that which may require surgery. Below is my question:
My employer has no workers compensation insurance....he wants to settle with me before I am fully healed and while I am still not able to go back to work. What I need to know is, do the laws that apply to workers compensation cases if the employer is insured apply if the employer does not have insurance and if they want to settle without involving workers comp or disability. In other words, can I sue the employer like a regular personal injury lawsuit, including pain and suffering etc.....? If the employer is not legally insured for workers comp, I do not think the workers compensation laws would apply....I wanted to get your imput on the subject and see what choices I have in this matter.
Thank you, Mrs. VFM
2 Answers from Attorneys
Re: If my empoyer is illegally uninsured can I sue him instead as a personal in
There are certain circumstances which would allow you to by-pass the workers comp. laws. The employer is subject to fines as well. However, consider the fact that your employer had no coverage. Is it a viable entity shich can withstand a lawsuit for your injuries? One must wonder why there was no comp. insurance. I would be happy to discuss this matter with you more fully if you like.
SCOTT E. DIAMOND
800-310-4800
Uninsured Employer=Workers Compensation Still applies
If your employer is unininsured, he is subject to a fine but you are still only entitled to Workers Compensation Benefits and are not allowed to bring a third party action (personal injury action) against the Emloyer.
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