Employer Has No Work Comp Insurance

[UMESH SHAH]

I Was Working With Company Basically Doing Testing Of Construcition Material. I Was Working As Construction Inspector. I Was With This Company For 18 Month Before My Back Was Hurt Due Continous Bending, Lifting Of Repetative Nature Of Work. Size Of My Company Is 25 EmplOyee. Due Sustained Nature Of Work Of Lifting And Bending Of Work My Two Disk Herniated. I Told My Emplyoer That This Is Happen Due To Nature Of Work.but I Was Still Working On Differnt Job Despite My Back Problem. On Day I Can Not Walk From My Bed. I Admitted To Hospital. Looking At My Case Histroy Dotor Told That, Your Case Is Work Related Back Injury And You Have To Go For Work Compenasation. I Told My Boss To Give My Paper For Work Comp. He Told Me Go For Disabilty And Told Me That If You Go For Work Comp My Inusurance Premimum Will Shot Up.so I Applied For Disablity With State Though It Is Case Of Work Compensation. State Pays Me Disablity With Subject To Work Compensation Pendig. We Had Filed The Claim With State For Work Compensation With My Loyer. I Found That My Company Has No Work Compnsation Insurace. Company Is Not Replaying Any Letter. During My Work Comp Injury Company Had Cancelled My Insurace Withour Any Notice. Then They Stared Cobra Plan. I Paid All Premium And Copay To Hospital And Therpay. I Have Nubness In My Leg.

My Question
1, What Will Happen If Company Has No Work Comp Insurace, How Long The Decision Of Court Will Take In This Kind Of Situation
2, Who Will Pay My Bill
3, Can I Sue Company My Nubness In The Leg As Company Is Not Repling To Letter.

[cbg]

Would you please help us help you and make your post easier to read, by using standard capitalization and punctuation (i.e., do not capitalize every word).

[LaborLawNJ]

Some of the things that can happen to the company for failure to secure workmen’s compensation (“WC”) are:

The individual officers can face criminal charges;

The company can be charged with fines and penalties for
failure to have WC;

The veil prohibiting a tort based suit is pierced and you
can sue the employer and corp. officers based on negligence
and other such theories generally not available to injured
employees.

It is hard to say how long such a suit is going to take. You should be asking your lawyer these questions.

Good Luck!

Regards.