What happens if my employer isn’t insured?
It is compulsory for all employers in NSW to have a Workers Compensation policy to provide workers protection in the event they are injured. Generally employers strictly adhere to this regulation given the heavy penalties employers face if they forego renewing their insurance policy. However, a common question encountered as a Workers Compensation lawyer is what happens if my employer wasn’t insured?
Undoubtedly, it is a worrying prospect for any worker to consider the possibility of being injured and not being covered for paid weekly benefits, medical expenses or potentially lump sum compensation
Thankfully, if you have been injured at work and your employer does not have a valid workers compensation insurance policy, an injured worker is still able to make a claim through icare workers insurance.
ICare workers insurance act as the Nominal Insurer for uninsured claims with benefits such as weekly compensation and medical expenses being available in the same way it would if there was no issue with insurance.
Unfortunately, in some cases, as the injured worker is uninsured and icare is unaware of the injured workers status as an employee within the organisation, further investigations may have to be conducted. That is, particularly before icare accept any liability for the uninsured workers claim.
It is quite common for icare to investigate whether the injured worker is:
- A worker or deemed worker as defined by the Workplace Injury Management and Workers Compensation Act 1998
- A worker was actually employed by the employer, nominated as the employer
- working for the nominated employer and employment is a substantial contributing factor or main contributing factor to the injury sustained.
Understandably, these investigations are worrying and complex for an injured worker who has been informed that their employer did not have workers compensation insurance.
Fortunately, at Turner Freeman Lawyers, we are specialists in Workers Compensation and can assist and guide an injured worker in understanding the complexities of both an uninsured and insured workers compensation claim. If you have suffered an injury at work, are concerned if your employer has workers compensation insurance or are seeking general advice, we encourage you to contact our office to seek specialist legal advice on a “No Win-No Fee” basis. Our team of workers compensation lawyers can assist you in initiating a claim or providing you advice on your workers compensation entitlements. For further information please contact us on 13 43 63 today.