They are certainly required to keep WC on all employees (although not on the partners or officers of the LLP). The question of whether or not their counterclaims can be barred due to the lack of WC insurance is one for the judge. It is certainly worth raising. I won on a similar issue in another state with that claim, and the contractor could not file any counterclaims against my client due to their own breaches of the licensed contractor statute. It could work the same for you due to breach of the WC requirements. However, if you are representing yourself, do your research carefully. Find case law that supports your theory, and a key point of the decision will hinge upon the rationale behind the WC statute (i.e. if the reason for the law somehow impacts you, then there is a better chance that you will win with your argument to bar their counterclaims). BotXXXXX XXXXXne is that there is no "sure thing" in the law, but this is a viable claim that you should raise and if you do your research and find support for your position you could very likely win.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).