You have discovered that your employer is not living up to its legal obligation to carry workers’ compensation insurance. Can you report them? Are there penalties they will face? Can you report your company anonymously?
The answer to these questions is a resounding yes.
It is a crime for an employer not to provide workers’ compensation insurance coverage. If done unintentionally, the court will classify the violation as a disorderly persons offense (less significant than a crime). But if done purposefully, the company will be charged with a crime of the fourth degree. The crime of withholding workers’ compensation leaves workers without any coverage if they are injured on the job. You certainly can and should report your employer.
You can report your employer for not being insured by calling the Office of Special Compensation Funds at (609) 292-0165, by emailing them at [email protected], or by submitting a form called Report of Non-Compliance. An employer not carrying insurance can face penalties of up to $5,000 for every ten days without coverage, and this liability extends to the corporate officers themselves.
The ability to report anonymously is an option provided for a reason. Please remember that if you do give your personal information, it is possible your employer at some point will have access to it. If you are concerned about repercussions, we recommend not providing your personal information.
If you have any questions about reporting or any other aspect of workers’ compensation coverage, the attorneys of our office will be happy to assist you.