Does my employer have workers comp? How do I find out?

When you’re injured on the job, one of the most pressing concerns is whether your employer carries workers’ compensation insurance. Workers’ compensation provides vital benefits to employees who suffer work-related injuries or illnesses, including medical expenses, wage replacement, and rehabilitation services.  There are ways to determine if your employer has workers’ comp coverage, what steps to take if they don’t, and how a New York workers’ compensation lawyer from The Weinstein Law Group can help you understand your rights and options for obtaining compensation for your injuries.

What employers are required to have workers’ compensation in New York?

According to NY state law, most employers with one or more employees must provide workers’ compensation coverage.

What are the penalties if my employer doesn’t have workers’ comp coverage?

New York employers who fail to provide workers’ compensation coverage when required can face penalties, including:

• Civil fines
• Stop-work orders
• Personal liability for injured workers’ benefits
• Criminal charges
• Civil lawsuits
• Increased insurance costs
• Reputational damage

How do I find out if my employer does have workers’ comp insurance in NY?

If you’re unsure whether your New York employer carries workers’ compensation insurance, there are several ways you can find out, including the following.

Check your employee handbook or company policies

Many employers include information about workers’ compensation insurance in these documents, which typically outline the rights and responsibilities of employees regarding workplace injuries and may include details about the process for reporting injuries, seeking medical treatment, and filing workers’ comp claims.

Ask your human resources department

Human resources professionals are usually well-versed in the company’s benefits and insurance offerings, can provide information about workers’ comp coverage, and may assist you in initiating the claims process if you’ve been injured.

Check the New York State Workers’ Compensation Board

You can verify your employer’s workers’ compensation status by checking the state’s Workers’ Compensation Board (WCB), which can provide information about your employer’s insurance coverage and assist you in filing a claim if necessary.

Consult with a workers’ compensation attorney

If you’re unable to determine whether your employer has workers’ comp insurance or if you suspect they don’t, it may be beneficial to consult with a workers’ compensation attorney in New York, who can review your situation, assess your employer’s legal obligations, advise you on the best course of action, and pursue legal remedies if they violate workers’ comp laws.

What should you do if your employer doesn’t have workers’ comp in New York?

If you discover your employer doesn’t have workers’ compensation, you can take the following steps to protect your rights:

• Report your injury to your employer and document the details of the incident.
• Seek medical treatment for your injuries and record your medical expenses and treatment.
• Consult with our team to explore your legal options for seeking compensation for your injuries.
• Consider filing a personal injury lawsuit against your employer to recover damages for your medical expenses, lost wages, and pain and suffering.

Protect your rights with a New York workers’ compensation lawyer

Knowing whether your employer has workers’ compensation coverage is crucial if you’re injured. By familiarizing yourself with your employer’s policies, consulting human resources, checking with the WCB, and seeking legal guidance, you can ensure you receive the benefits you’re entitled to under the law.  If you have questions or concerns about workers’ comp coverage, contact our team at The Weinstein Law Group, PLLC by calling (212) 741-3800 or completing our online form. We are dedicated to providing you with assistance in getting the compensation you need and deserve for your workplace injury or illness.