Workers' Compensation Coverage
Liability And Penalties For Violations Of Mandatory Workers' Compensation Insurance Coverage
Additional Liability for Uninsured Employers
- 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.
- 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.)
- 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.