If I’m paid cash and was injured on the job, what aremy options?

I have been working for a company who has rental properties. They pay me cash. I was injured working on one the their homes and now I cannot work for 2 months. They offer no workman’s comp since they pay cash. Can I go after their homeowners policy to cover my lost pay? I go to the VA so my medical cost are minimal.

Asked on July 21, 2010 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Without workman's compensation, you would have to show that any injuries were because of the company's fault--e.g. owing to negligence, or carelessness. The fact that you were injured on their property, without more, does not necessarily mean that they owe you compensation; there must be fault.

If you think they were at fault, you could file a lawsuit aginst them for your losses or damages, including lost pay (though this may be hard for you to document or prove under the circumstances) and any medical costs. Many personal injury attorneys will work on contingency (they only get paid if you get paid) and will also provide a free initial consultation; I recommend that you speak with one.

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