If I was recently injuredbut being paidunder the table, doI have any rights?

I tried to get them to put me on the books and they refused and was injured. I am wondering if I have any rights to compensation of any kind?

Asked on August 29, 2011 Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the problem. By being paid under the table, your employer is not really your employer but could argue you are merely an independent contractor being paid in cash or a work for hire. If so, as a work for hire, he doesn't have to give you a 1099 and you have to decide if you made enough to file as self-employed. Then you would be responsible for self-employment tax. If you were an independent contractor, he would need to give you a 1099. If you were truly employed by him (i.e. W2) he would have to report the taxes and contributions to social security and you would receive a paycheck that has taxes taken out. If you were truly an employee, you need to contact the state department of labor, explain your situation and see if you can apply for workers compensation. You might as well apply. Ultimately in this situation the state and federal government may wind up fining your employer or forcing him to pay up. Right now I believe the IRS is going easy in this situation and merely requiring the employers to fix the error if you will and make sure that those independent contractors who should be W2 employees get the correct tax documents and have a proper accounting of their paychecks.


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