No overtime, no benefits, workers comp fraud
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
No overtime, no benefits, workers comp fraud
I have been working for a lawn maintanance
company for a year now without getting overtime
pay nor benefits.. I was injured during work on
November and January and his insurance provider
did not pay for the hospital and now I’m facing
collections.. can I sue??
Asked on October 1, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) If you worked more than 40 hours in a week and were not exempt from overtime (e.g. paid on an hourly basis), you MUST be paid overtime. If they did not, you have a claim for back overtime; contact the department of labor to file a complaint, and/or file a lawsuit for the money.
2) If they did not have worker's compensation and IF the employer was at fault in causing your injury (e.g. unsafe equipment; lack of safety gear; not properly training you; etc.) you could sue for your injuries and medical costs. However, if there were not at fault, they are not liable and you cannot money from them. Examples: they gave you an old, poorly maintained mower which threw off part of a blade off and which injured you--you could likely sue, because the injury occured due to them providing defective or poorly maintained equipment. On the other hand, say the mower hit a rock, which it kicked up and injured you; the employer was not at fault in that happening and had nothing to with it, and would not be liable.
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 AttorneyPages.com 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.