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Workers' Compensation Board

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Workers' Compensation Coverage

Liability And Penalties For Violations Of Mandatory Workers' Compensation Insurance Coverage Requirements

Additional Liability for Uninsured Employers

  1. An uninsured employer is responsible for obtaining and paying for any legal representation required to defend against a workers' compensation claim. (An insured employer's workers' compensation insurance carrier provides such representation as part of the workers' compensation insurance policy's coverage.
  2. An uninsured employer can be directly sued by an injured employee. (WCL §11) (In most cases, an employer's workers' compensation insurance is the sole recourse for the employer's injured employees.)
  3. An uninsured employer is responsible for all wage and medical benefits awarded to anyone ruled to be their employee. There is no cap on these benefits in New York.