What happens if your employer has failed to get the workers' compensation coverage he or she was meant to have on hand in case an employee was injured? You may think you're going to need to sue your employer, but there may be other options to get the money you need.
For instance, did you know there is an office that works with situations like this in New Jersey? Aptly named the Office of Special Compensation Funds, the office enforces laws requiring employers to carry insurance coverage at the workplace. If the employer doesn't have the insurance, this office works to make sure he or she gets it.
When you're hurt in an environment without the insurance needed, you aren't out of luck. In truth, the Office of Special Compensation Funds has temporary disability benefits and medical expenses covered for those who have suffered injuries while working for employers who haven't secured the insurance required by law. Workers who are already disabled partially and experience another work-related injury resulting in total disability can also be compensated through this office.
This fund was started to provide for those who suffer injuries while working with an employer who has not followed the law. When you report that you can't get workers' compensation due to the employer's lack of coverage, a search is performed on the employer. Your employer can be penalized for not having this insurance if he or she doesn't carry it at the time of the search. However, you, as an injured employee, will then have access to the Uninsured Employers Fund, so you can get the compensation required.
Source: New Jersey State, "The Office of Special Compensation Funds," accessed April. 20, 2015