I'm employed in construction in New York. I'm paid only in cash. If I am injured while on the job, or during work

Am I still entitled to recieve workers compensation? Or if not..Is my employer required to pay me for missed work days due to any injury I recieved while working for his company? OR at least is my employer responsible for payment for any medical bills I recieve related to any injuries I recieved while on the job?

Bedford Hills, NY -

Attorney Answers (6)

Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

You are entitled to workers comp benefits but the problem is proving you are an employee.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
Sean J. Beaton

Sean J. Beaton

Workers' Compensation Lawyer - New York, NY
Answered

You should file an employee c3 claim form. If your employer has workers compensation insurance, you will be covered under the policy so long as you can show there was an accident, you gave notice, and your injuries are causally related to the accident. Your benefits will likely be limited based on the fact that you have no way of proving your earnings and employer likely to report your income far less than your actual earnings. If your employer does not have workers compensation insurance, you will be covered under New York's Uninsured employer fund, who essentially steps into the role of insurer. However, those cases usually take longer to attain benefits. Good luck.

John M Connell

John M Connell

Workers' Compensation Lawyer - Englewood, CO
Answered

It's always a problem because you have to be able to prove you're employed and the amount of your wage The employer may not want to be telling the workers compensation carrier that there extra employees

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Workers' Compensation Lawyer - Chicago, IL
Answered

Though you are entitled, your employer will make it very difficult. They have proven they are not afraid to lie about tax liability. The insurance company almost certainly does NOT have you listed as an employee, ...

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Workers' Compensation Lawyer - Charlotte, NC
Answered

Your employer is already cheating the state and federal tax collectors if he is not withholding taxes from your pay. You are tight to be concerned about being cheated out of comp benefits if you get hurt. He probably does not even have a work comp insurance policy.

This answer is intended as general information and not as specific legal advice. If you want to have a free... more
Richard Lewis Magill

Richard Lewis Magill

Workers' Compensation Lawyer - Youngstown, OH
Answered

one of the first things you will need to do is to prove you are an employee of this company. Your employer may try to argue that you are an independent contractor. there are many factors which go into the decision as to which one of these categories you belong to. you might benefit from seeking legal representation. ey

The response herein is not legal advice and does not create an attorney/client relationship

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