Can You File A Workers’ Compensation Claim If Your Employer Shuts Down?

Suffering an injury at work is already a stressful spot to be in. But on top of trying to recover from the incident, you discovered that the company they worked for went under. You might be thinking there are no legal steps to take if you’re in this situation. Thankfully, New York’s workers’ comp system can still cover you, even if your employer went out of business. Learn more about your rights and how to qualify for benefits if this happens to you.

Your Rights Don’t Disappear If Your Company Shuts Down

The workers’ compensation system is state-run, so your employer has no control over these benefits. You’re legally entitled to file a workers’ compensation claim as if the company was still open. Additionally, your employer’s insurance company is in charge of analyzing claims and determining the payout. This means that even if your employer’s business shuts down, you can still receive compensation from their former insurance policy.

What If Your Employer Went Bankrupt Or Was Uninsured?

Even if it’s illegal in New York, some employers still choose not to carry workers’ comp insurance. While it might make filing for benefits more complicated, it’s not impossible. The state has an Uninsured Employers’ Fund (UEF) to ensure you can access benefits in these situations. They’ll offer you the medical care and cash payouts that an insurance company would’ve typically covered.

What To Do If Your Injury Happened Before A Business Closure

File Your Claim ASAP

New York gives you up to 30 days to notify a former employer of an incident and 2 years to file a claim. However, the last thing you want to do is wait. Start filing your claim as early as possible to access benefits and avoid missing the deadline.

Gather Evidence

Every workers’ compensation claim needs strong evidence connecting your medical condition to the accident. Aside from the initial forms, relevant documents that would count as evidence for your case include:

• Medical treatments
• Injury reports
• Witness statements
• Pay stubs and work logs that show you worked for your employer at the time of the accident

Any relevant documentation you have will help your case, especially if your employer can’t provide details.

Contact The Insurance Company

You and your lawyer will need to speak to the insurance company that handled your employer’s workers’ comp policy. Find out which company it is from your former manager and reach out to them directly for updates. NY’s Workers’ Compensation Board can also help you track it down if your employer doesn’t give you information.

How Our Lawyers Can Help

Losing your employer doesn’t bar you from qualifying for benefits. However, the process might be more complicated than a standard claim. Our New York workers’ compensation lawyers have decades of experience representing clients in your situation. We’ll communicate with your former employer’s insurance company and ensure you win the compensation you deserve.

Don’t let your company’s shutdown stop you from getting benefits. Contact us at 855-208-7852 to schedule a free consultation today.