Helping Uninsured Employers

Employers in New York are required to have insurance coverage for their workers. If an employer has no insurance, the New York State Workers' Compensation Board may find that employer in violation of this law.

Important Information For Employers

The New York State Workers' Compensation Board may without reason or incident investigate whether an employer has employees. A violation can be found even if no person was injured. The New York State Workers' Compensation Board may direct penalties and assessments, including criminal prosecution.

If an employee is injured on the job and has filed a claim but the employer has no workers' compensation insurance at the time of the incident, the employer will also be subject to penalties and assessments. Additionally, the employer and company will be liable for reimbursement of all awards made to the injured employee. The employee may be entitled to lifetime treatment. These costs can be substantial.

Bronnberg & Henriquez PC Represents Uninsured Employers

If you are an employer who has been found in violation, there are several variables that can affect your case. We defend uninsured employers by raising the following issues, if applicable:

  • Independent contractor vs. employee relationship
  • Lapse in coverage
  • Improper cancellation of the workers' compensation policy by the insurance carrier
  • Whether the employee gave proper notice of the accident
  • Whether the accident arose out of and in the course of employment
  • Whether the injured party has sufficient medical evidence to proceed with a case, meaning the injury was caused by something that happened at work

Employers Can Be Held Personally Liable

Employers can be held personally liable for all costs related to a worker's injury if the company has no workers' compensation insurance. The corporate shield or a bankruptcy filing will not protect an employer from personal liability. The New York State Workers' Compensation Board zealously enforces compliance with the workers' compensation laws. The board can assess penalties, place liens and refer the case for criminal prosecution.

Settlements: Cost-Preventative And Without Penalties

At Bronnberg & Henriquez PC, our experienced lawyers can discuss possible settlements with the injured party as an alternative to litigation and as cost-prevention for your company. This often prevents an employer from paying the additional penalties and assessments. Due to the serious nature of this type of violation and the possible consequences to a business, hiring an attorney is an important aspect of your defense strategy.

Bronnberg & Henriquez PC in Queens will be your advocate against the Workers' Compensation Board and will negotiate for settlement that will aim to reduce your possible future costs and possible liens on your business. With over 30 years of combined experience, we can help. Call 718-509-6788 or fill out our online contact form and a lawyer will get back to you promptly.