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What happens to a workers’ comp claim if an employer closes?

On Behalf of | Oct 18, 2023 | Workers' Compensation

Many New Jersey businesses, like those across the country and around the world, are still in a precarious position as the economy struggles to recover from the challenges of 2020 and the next couple of years. Many have had to close their doors forever.

What happens if you’re an employee of one of these businesses who is out on leave after suffering a serious workplace-related injury or illness and are receiving workers’ compensation benefits? That’s a concern of many workers in that position.

You shouldn’t have to worry about your workers’ comp benefits. The Division of Workers’ Compensation requires employers who don’t have insurance through a federal workers’ compensation program to be insured by an approved insurance company or self-insured. Even those who are self-insured typically do so through an insurance provider.

Possible complications

That doesn’t mean that an employer’s closure won’t cause complications and delays. For example, if your claim is still being reviewed and investigated when the business closes, the owners may be difficult to locate or unhelpful about providing needed information to the insurer.

There’s another possible complication. If you don’t have a job to return to, it can be difficult for the insurer to determine when you can work again – whether in your type of work or in another kind of job that you can handle with potentially diminished physical abilities.

Another possible complication is that if you were unable to resume your job because of your injuries or illness, it can be more difficult for the insurer to determine whether or not you’re able to work if you can’t go back to your previous employer.

If you are facing difficulty getting workers’ comp benefits because an employer is no longer in business, it’s crucial to understand and protect your rights. It may be a good idea to get experienced legal guidance so you’re not wrongfully denied the benefits to which you’re entitled.