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What do I expect too happen in proceedings? My employer has NO WORKMAN COMP INSURANCE. I acquired an workman comp attorney.

Toms River, NJ |

I was hurt at my place of work I informed owner/employer. I found out though State Workman Comp fraud unit she did not have coverage. I went to a Doctor the next day after the injury & he wants me to go for a neck Xray &Mri this was a part time job so I have NO MEDICAL INSURANCE.I also have no income only a pension coming in...also I haven't worked long enough to get TDI payments.The employer will not return my calls tried SEVERAL TIMES.So I would like to know what is going to happen now and how long it will take to settle this case? I am unable to work at this time due to my injury. Please try to inform me of answers to my situation.

Once a claim petition is filed with a claim position number...what happens after that and when is a motion filed for uninsured employers fund and how long can it take for the motion? I am without insurance and I need a MRI.

Attorney Answers 5

  1. Best answer

    The first thing you want to do is speak to your attorney. If in fact the employer is uninsured your attorney will first have to file the claim petition in workers compensation and then file a motion to join what is called the Uninsured Employers Fund.

    When a person is injured in New Jersey they normally receive medical treatment, if the authorized doctor puts the person out of work they receive temporary disability which is 70% of the gross weekly wage but there is a minimum and in 2013 that figure would be $220.00 per week, and then if there were an injury which were permanent an award would be received.

    The Uninsured employers fund will provide for medical care and if you are out of work and the doctor says you need treatment will pay temporary disability benefits. They do not pay awards. That is something your lawyer would have to purse against the employer directly.

    Sometime, and this is critical, the employer had insurance but it cancelled or they say they dont but they really do. Your attorney should check with NJ CRIB compensation rating and inspection bureau because if the carrier did not cancel its policy correctly then they still might be responsible for the coverage.

    Finally, i would make sure that the attorney you hired has experience in the area of workers compensation because this particular area UEF is more complicated then the normal claim.

    I wish you a speedy recovery.

  2. Since you indicate that you have an attorney you should consult with him/her. I suspect that you were informed that an "uninsured claim" in New Jersey is difficult claim. While you may eventually obtain reimbursement for treatment unlike a typical claim with an insurance company, treatment options can sometimes be limited as many doctors do not want to wait for payments. You may also be entitled to temporary disability payments if the condition prevents you from working. You may be able to get a judgement against the employer if you can establish a permanent injury. However, this can be a time consuming process. Even with a judgment, there is no guarantee that there will be a payment. However, your medical bills will eventually get paid and as indicated you may be able to get temporary disability.

    Good Luck.

  3. If you have a work comp atty they know your situation and are in the best position to be able to answer your question

  4. These are questions that you should be asking your Worker's Compensation attorney. Is there some reason you are asking your questions here, rather than asking you attorney? I agree with the answers of my colleagues.

    Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be construed as legal advice, just general educational information.

  5. Every state usually has a no insurance program. Contact the workers's compensation board i n your state for information. However, you hired a lawyer... Let the lawyer help you.

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