Uninsured Employers Fund

New York, like most states, has laws dictating that employees hurt at work are generally entitled to recover workers’ compensation benefits from their employers. While most employers carry workers’ compensation insurance so that they can provide benefits to any injured employees, some neglect to obtain the required coverage. In such instances, injured employees may be able to recover benefits from the uninsured employers’ fund. If you were hurt while working and your employer lacks insurance coverage, it is smart to speak to an attorney regarding your options for seeking benefits as soon as possible. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a capable Rockland County workers’ compensation lawyer with the knowledge and experience needed to handle complex cases, and if you engage her services, she will work tirelessly to help you seek the benefits you deserve. Ms. Crown regularly represents people in workers’ compensation claims in Rockland, Westchester, Orange, Dutchess, and Ulster Counties as well as the greater metropolitan area.

Under New York’s Workers’ Compensation Act (the Act), most employers must have workers’ compensation insurance that covers their employees. Specifically, they must either have a workers’ compensation insurance policy through an insurance carrier or be self-insured for workers’ compensation unless they can demonstrate that they are legally exempt from having to maintain workers’ compensation coverage. Employers that fail to uphold their workers’ compensation insurance obligations may face civil and criminal penalties.

Although the Act requires employers to carry workers’ compensation coverage, it also ensures that injured employees can obtain the benefits they are owed even if their employers decline to abide by the law. Specifically, the Act provides that the Uninsured Employers’ Fund will provide benefits for employees hurt on the job while working for uninsured employers. Under the Act, if the Workers’ Compensation Board (the Board) cannot determine the identity of the insurance carrier responsible for the employer within thirty days of when an employee files a new claim, the Board will appoint the Uninsured Employers’ Fund as the party responsible for paying the employee benefits. At that time, the Uninsured Employers’ Fund will immediately provide medical care to the employee and commence payments in accordance with the Act. It will also schedule a hearing to identify the responsible insurance carrier.

The Uninsured Employers Fund aims to provide injured employees with the same benefits they would have received if their employer had the required workers’ compensation insurance coverage. In other words, if an employee can demonstrate that they sustained a work-related injury, they may be entitled to medical and disability benefits. Notably, only employees are eligible to recover benefits from the Uninsured Employers’ Fund; in other words, non-employees like independent contractors and volunteers do not qualify for benefits. Further, only injuries that occur while the employee is performing job duties or work-related activities are compensable.

Medical benefits recoverable may include hospitalization, surgery, physical and occupational therapy, prescriptions, and assistive devices. Any treatment an injured employee receives must abide by the Medical Treatment Guidelines established by the Board and must be offered by a provider authorized to care for injured employees by the Board. Disability benefits compensate an employee for the wage loss caused by their injury. Disability benefits may be paid for temporary and total, temporary and partial, permanent and partial, and/or permanent and total impairments. Multiple factors are weighed in determining the disability benefits an employee hurt at work is owed including the extent and permanence of their disability, their average weekly wage prior to their harm, and statutory limits.

Under New York law, employees who are hurt at work can typically recover workers’ compensation benefits even if their employer lacks workers’ compensation insurance. If you suffered injuries while working, it is advisable to meet with a lawyer to discuss your rights. Valerie Crown of The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is a dedicated Rockland County attorney who is proficient at navigating the complexities of workers’ compensation claims, and if she represents you, she will work tirelessly to help you pursue a favorable outcome. Ms. Crown has an office in New York, and she regularly aids employees in workers’ compensation claims in Rockland, Westchester, Orange, Dutchess, and Ulster Counties as well as the greater metropolitan area. You can reach Ms. Crown through the online form or by calling 845.708.5900 (office number) or 845.598.8253 (Valerie’s direct cellphone 24/7) to set up a conference.