Should my boss pay my bills if I was injured at work but get paid in cash?

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Should my boss pay my bills if I was injured at work but get paid in cash?

I got injured at work; it was my own mistake. I work on cash no paycheck. I can’t afford medical bills.

Asked on September 16, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You shoudl consult with an attorney; there are a number of issues here.

First, if you were paid in cash and the company did not property withhold taxes, they may have committed tax fraud and you might be an accomplice.

Second, if you did not properly pay all taxes, you may have committed tax fraud yourself.

Third, it may be that the company needed to cover you under Worker's Compensation; if so, and if this injury would have entitled you to Worker's Compensation, you may be owed the compensation to which you would otherwise have been entitled.

If the company does not need to make good the Worker's Compensation to which you may have been entitled--or if this injury would not qualify for Worker's Compensation, you may have no recourse; if the injury was your fault, not the company's, there may be  no basis for liability against the company.

There are also other issues implicated--your eligibility for unemployment compensation; your credits for social security or coverage under state disabilty plans; whether you perhaps at some point should have received overtime; etc. You need legal help in this situation.


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