Can I Receive Workers Compensation if I Get Paid Off the Books?

Posted March 14th, 2016 by .

Categories: Workers Compensation.

injured workersAs we all know, an employer has the responsibility to provide workers compensation insurance to all employees that work for him/her. But what if you’re an employee who gets paid off the books? Are you still covered under your employer’s insurance?

For instance, let’s say you’re working in the kitchen at a local restaurant and you’re being paid under the table. While working with a meat slicer, you accidentally slice the tip of one of your fingers off. The wound is deep and requires you to go to the hospital for stitches. Who will be paying your hospital bill?

According to the New Jersey workers compensation law, your insurance must pay for your injuries, no matter how you’re paid. However, it might not be that easy to file a claim. Since you’re not on the payroll, the employer could come out and say you’re not an employee. You’ll have to prove that you are an employee which may be hard without tax information.

Another problem you may face is proving how much you get paid. Since you’re off the books, chances are there is no evidence that shows how much you get paid weekly. Therefore it will be hard to determine any disability rates. This is why you need an experienced workers compensation lawyer to help you with this process.

For more than 26 years, the Law Offices of Anthony Carbone has been helping workers who get paid under the table with their workers’ comp claims. If you have been injured at work in New Jersey and need legal assistance, contact us today for a free consultation.

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