Many employees in Upstate New York simply assume that their employers have the necessary workers’ comp insurance. And most of the time, this assumption is correct. After all, failing to get the proper workers’ comp insurance is a serious violation that can lead to considerable legal consequences. That being said, there are always a few employers in New York who think they can get away with skipping these legal requirements, and it can put employees in a very awkward position if they become injured. So what exactly happens if employers fail to get proper workers’ comp insurance?
First of all, you should know that you’re never alone in the fight for proper compensation after becoming injured at your workplace. You can get in touch with a qualified workers’ comp attorney in Upstate New York to approach this situation in a confident, efficient manner. Although it’s true that complications can arise if your employer failed to get the necessary insurance, your situation is by no means hopeless. It’s best to book your consultation with an attorney as soon as possible for best results.
Employer Faces Felony Charges for Failing to Get Workers’ Comp Insurance
If you’re wondering what might happen to your employer if they fail to get the proper workers’ comp insurance, the answer is quite simple: They’ll probably go to prison. This is because New York employers who commit workers’ compensation violations often face felony charges. On March 28th of 2022, an Albany construction company owner faced a felony charge after failing to secure workers’ compensation insurance for his employees (1). The violations were discovered after the construction company owner attempted to complete a contract that involved work at the University of Albany.
Six people under this company’s banner were completely unprotected by workers’ comp insurance as a result of this violation. This means that if one of these workers had been injured, they would face additional hurdles as they attempted to recover compensation for medical expenses, missed wages, and other damages. This particular employer had been convicted of a misdemeanor in 2019 for exactly the same offense — failing to secure workers’ comp insurance for his workers.
What Happens if My Employer Failed to Secure Insurance?
But what happens to the workers in this scenario? If you become injured and you later discover that your employer failed to secure workers’ comp insurance on your behalf, you generally have two options: You can either file a lawsuit against your employer or go through a separate state system (2). The state system essentially guarantees that you will receive some level of compensation, but the payoff might not be adequate. On the other hand, a lawsuit is a riskier move that can come with greater levels of compensation.
Where Can I Find a Workers’ Comp Attorney?
If you’ve been injured on the job, you might be wondering: “Where can I find workers’ comp attorneys near me?” One solid choice is The Stanley Law Offices, LLP. This firm has the qualifications and experience necessary to guide you towards a favorable outcome in a confident, efficient manner. Even if your employer has committed certain insurance violations or if your claim has already been denied, there’s still hope. Book your consultation today.
Image Credit: Graetz, F.
Image License: Public Domain
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