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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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