Here in New York State, when you get injured on the job and find out your employer does not have workers compensation insurance, you have two options: sue them or file a workers compensation claim which will ultimately be handled by the Uninsured Employers Fund.
Suing your employer will potentially get you much more in damages, will likely take a lot longer and be a lot more difficult. Filing a claim through the Workers Compensation Board is generally easier and will get you compensated more quickly, but it will likely result in less overall compensation.
If you’re hurt on the job and your employer doesn’t have workers’ comp insurance, the most common route is filing a claim through the Uninsured Employers Fund (UEF). This state-run fund was created specifically to help workers in your situation get the benefits they’re entitled to. Since there’s no insurance company involved, the New York State Workers’ Compensation Board steps in and handles everything—just like an insurance company would.
How It Works
The UEF investigates your claim, takes it to trial if needed, and pays out your benefits if you qualify. After that, they go after your uninsured employer in court to recover the money they paid you, keeping the system running.
The Catch? It’s Slow.
While it’s not as slow as a full-blown lawsuit, it’s definitely slower than a regular workers’ comp case. That’s because, by law, the Workers’ Compensation Board has to treat every case as if it’s being disputed—no exceptions. Even if your claim is 100% legit, they can’t just approve it on the spot. Every step has to go before a judge, which takes time.
Be Patient with Your Attorney
A lot of injured workers in these cases get frustrated and think their lawyer isn’t doing enough. The reality? Your lawyer is likely doing everything possible, but they can’t speed up the system. If you’re in this situation, try to be patient and trust that your attorney is working hard to get you the benefits you deserve.
If you want to win your case and get the benefits you deserve, remember three words: evidence, evidence, evidence. Since the Workers’ Compensation Board has to handle your case like it’s being disputed, you need solid proof to back up your claim.
What Kind of Evidence Do You Need?
You’ll need documentation for everything—your injury, your medical treatment, and most importantly, proof that you actually worked for your employer. Why? Because uninsured employers will say anything to dodge responsibility—including pretending they don’t even know you. I’ve had employers flat-out say, “I’ve never seen this person before in my life,” only to pull out photos of my client working in their business—or even in their home.
If you were paid in cash, this is even more important. Here are some things that can help prove you worked there:
Your Lawyer Can’t Do It Alone
Getting a lawyer is not enough—you need to help build your case. If your employer didn’t have insurance and you want benefits from the Uninsured Employers Fund, you have to be proactive and provide your lawyer with the proof they need to win.
I always tell my clients: Your case is a gun, and I can only shoot with the bullets you give me. So do your part—gather that evidence and let’s win this case.
Now, maybe you're thinking, “You know what? I'm not going through workers comp, I'm going to sue their ass!” This is one of the rare circumstances where you could actually hire a lawyer and file a personal injury lawsuit against your employer.
And because it's not a workers compensation case, you can sue them for things like punitive damages, and pain and suffering, which can get you a lot more money. The reason why most injured workers don't choose this option is because it could take years before you get any money from it. And most people simply can't wait that long to get paid.
It also comes with a higher burden of proof, which makes filing a lawsuit a more risky course of action.
However, there is a third option that may be an option for you: settling with your employer. He better reach out to you with an offer to settle your case, because if he doesn't, the state is going to come after him with a big heavy fine.
So if you don't require significant invasive surgery or treatment, you might want to consider this an option because it will provide you with quick, easy money.
Whichever option you decide to pursue, the one big question remains: How much is your case worth? You'll need to know the value of your case in order to get all the benefits that you're entitled to. So be sure to watch my other video explaining how to do exactly that. I’ll include a link here.
My name is Rex Zachofsky and I became a New York workers comp lawyer 17 years ago after getting injured on the job. If you're looking for a lawyer to help you with your claim for New York State workers compensation benefits, please give me a call at 212-406-8989 to schedule a free consultation.
