What to do about lost wages due to an on the job injury?

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What to do about lost wages due to an on the job injury?

My husband was working for a guy and my husband got hurt on the job. He cut his hand on a saw and needed surgery and has been out of work since for just over a month. He had surgery to repair muscle and tendons and cannot work. The boss has no workman’s comp; he has 8-10 employees on the job. My husband did not provide materials for any job, he worked when the boss told him to, he got paid every week and he did not set his own hours. His boss is a subcontractor from a real estate company. If there is anything we can do?

Asked on January 6, 2012 under Employment Labor Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, you do not indicate what kind of employer your husband was and whether he was a 1099 independent contractor or if he was a W2 employee. He would have a lot of rights if he was the latter and almost no rights if he was the former. File for workers compensation anyway. File for unemployment, as well but essentially you may need to meet with a labor lawyer who handles claims regarding on the job injuries and terminations due to injury. I emphasize here that the relationship your husband had with this subcontractor and the subcontractor's contractual relationship and contract language with the real estate company will be the deciding facts here to determine if liability can lie with the subcontractor,  the real estate company, both or neither.


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