No overtime, no benefits, workers comp fraud

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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 2 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.


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