Welcome to our Orthopedics Practice Workers’ Compensation Guide! This comprehensive resource is specifically crafted to provide you with a thorough understanding of workers’ compensation related to orthopedic injuries.
While we offer valuable insights, it’s important to note that this guide is not a substitute for professional advice. For more precise and personalized information, we recommend visiting the official workers’ compensation portal. This portal serves as your primary source for the latest regulations, forms, and additional details, ensuring you have access to the most current and accurate information.
Your well-being is our top priority, and we believe that this guide can be a useful starting point as you navigate the complexities of workers’ compensation within the realm of orthopedic care.
Uninsured Employers Fund
The Uninsured Employers Fund was created to provide financial support for medical expenses and temporary disability benefits to injured workers. This assistance is extended to those whose employers failed to supply the mandated Workers’ Compensation insurance coverage and neglected to fulfill Workers’ Compensation benefit payments as directed. It’s important to note that the Fund does not cover payments for permanent disability.
Filing a Claim and Fund Involvement
When a formal Workers’ Compensation claim is submitted to the Division of Workers’ Compensation, and the employer is identified as uninsured, the injured worker or their attorney can file a motion to involve the Uninsured Employers Fund. If an award is granted for temporary disability benefits and/or medical expenses, the Uninsured Employers Fund is responsible for disbursing the mentioned benefits in accordance with the Judge’s Order.
Fund Operations and Liens
Prior to any disbursements from the Fund, liens equivalent to the potential payments are recorded against the employer in the Superior Court. Although the Fund doesn’t cover permanent disability benefits, any such awarded benefits, if unpaid by the employer, are also docketed on behalf of the injured worker. Furthermore, employers face penalties of up to $6,000 for unpaid awards, with this amount being docketed against them in the Superior Court.
Insurance Compliance and Penalties
Failure to provide mandated insurance is considered a disorderly persons offense and, if deemed willful, a fourth-degree crime. Additionally, penalties are imposed, amounting to up to $5,000 for the initial ten days and a similar amount for each subsequent ten-day period. These penalties are recorded as liens against the employer in the Superior Court, and efforts are undertaken to collect them by seizing the employer’s property.
Rate Setting and Self-Insurance Status
The Compensation Rating & Inspection Bureau of the Department of Banking & Insurance manages rate-setting matters for workers’ compensation. They can be contacted at (973) 622-6014 or through their website www.njcrib.com. The decision on self-insurance status approval lies with the Department of Banking & Insurance. Approval typically hinges on the entity’s ability to demonstrate adequate assets to cover potential claims for work-related injuries, as outlined in NJSA 34:15-77 of the NJ Workers’ Compensation Statute. For more information, contact the Department of Banking & Insurance at (609) 292-5350 ext. 50099.
