Workers’ compensation is a no-fault program, which means that if you are injured or become sick and are unable to work because of an accident at the workplace, you are entitled to compensation for your inability to work. Surviving spouses and dependent relatives of workers killed as a result of workplace accidents are also entitled to receive benefits. Most New Jersey employers are required to carry insurance to cover workers’ compensation or to be certified as self-insured. However, in some circumstances, workers’ compensation insurance is unavailable or inadequate to fully compensate you for your losses.
If your employer is not insured
If your employer does not carry workers’ compensation insurance coverage, you can file a claim with the Uninsured Employer’s Fund (UEF) of the State of New Jersey Department of Labor and Workforce Development. The UEF provides temporary benefits to injured workers or their dependents. Payment by the UEF is not automatic, and a court hearing is required in which benefits are assessed. The UEF assigns its own attorney for the hearing and only pays out temporary benefits and medical expenses awarded by the judge. A claim to the UEF can take many months, even years, to resolve, as the UEF first tries to pursue the employer for payment. Criminal sanctions can be taken against employers who do not have workers’ compensation insurance.
If you were injured by someone else
Even though the incident occurred at work, if it can be shown t...