Hurt on the job in New York City

A person was hurt on the job in New York City, but her employer failed to carry the appropriate workers’ compensation insurance.

The injured person’s mother posted the following question:

My daughter had a injury at work about a year ago. Her foot broke in 3 places and she ended up having emergency surgery. She now has bars in her foot and constant pain and swelling. They told her that they didn’t have workmens’ compensation. What can she do about this? It happened in New York city.

In such a case, if the daughter’s employer was suppose to have workers’ compensation insurance but didn’t, she still may be entitled to benefits through the State Insurance Fund. If not, there will still be a direct claim against the employer and/or a third party claim against the non-employer related party.