I was recently injured at work. I fell 20ft off a ladder at a construction site and broke my back in 3 places and broke my pelvis. As soon as I feel I screamed out "I broke my back". Then the homeowner said" I'll call 911". The company owner said "No don't do that, he's fine, he's just in shock". Then proceeded to convince me I was ok and deny me medical attention. Since we were out of town for work, I was stuck. I stayed the time it took to finish 4 days total. Once back home I continued to work until I could no longer pretend I wasn't hurt so I went to the hospital. My only issue is, I was paid cash but I have plenty of proof I worked for this company including the homeowners testimony that I was hurt at his home during the renovation and have photos of myself there during this construction. Do I have a case?
What should I expect?
- Thread Starter ktwice
- Start date
disagreeable
Well-Known Member
The injuries you describe are not consistent with the story you are telling. I suggest you consult a lawyer specializing in WC.
cbg
Super Moderator
You have a case to file a workers comp claim, yes.
army judge
Super Moderator
You accepted a position doling out CASH UNDER THE TABLE. Sorry, no WORKERS COMP for you.
I hope your injuries heal. Once you can contact an attorney, your only recourse will be to ATTEMPT to sue the owner of the company for which you agreed to WORK OFF THE BOOKS!
Not entirely true. You still can't sue your employer for a work injury. The employer could be fined by the state if found to be uninsured, assuming they are. Paying cash isn't in and of itself illegal.
The OP needs to figure out if he is really an IC or an employee. if employee, he needs to file a WC claim ASAP. If there is no WC insurer, then file with the state. http://labor.mo.gov/DWC/Injured_Workers/file_claim
The OP needs to figure out if he is really an IC or an employee. if employee, he needs to file a WC claim ASAP. If there is no WC insurer, then file with the state. http://labor.mo.gov/DWC/Injured_Workers/file_claim
disagreeable
Well-Known Member
His injuries are still not consistent with his story.
cbg
Super Moderator
Whether they are or not, the fact remains that for a work related injury, workers comp is his sole remedy. He does not get to sue his employer or the homeowner.
army judge
Super Moderator
Oh, he can sue his employer (or the person with whom he contracted), the homeowner, Santa Claus, The Easter Bunny, even The Tooth Fairy (assuming he can serve any of them). He won't be successful, but he most assuredly can sue.
As the OP describes the relationship, he's not an employee.
In fact, he may not even be a contractor.
But, what do I know?
I'm just some anonymous dummy responding to the queries of anonymous blokes on the internet.
I'm not serving in the capacity of trial jurist here, just another dude on the 'net.
So, I'm not getting this twisted.
If you face a serious legal issue, a serious medical issue, a severe plumbing problem, or any other tragedy that can befall any of us; you should seek the assistance and services of the appropriate, licensed professional in your jurisdiction.
As far as workers comp, an employer in the construction industry (with ONLY ONE employee) is required to maintain WC insurance in Missouri.
In my experience, those who pay UNDER the table (or OFF the books), probably disregard other laws if they evade the tax laws.
http://labor.mo.gov/areyoucovered
Plus, MO WC law requires an employee to report his or her injury in WRITING within 30 days of the alleged accident! Failure to report your injury to your employer within 30 days may jeopardize your ability to receive workers' compensation benefits. Notify your employer in writing; the written notice must state the date, time and place of the injury, the nature of the injury and the name and address of the person injured.
If the "employer" doesn't provide you (the injured employee) a form on which to rpeort the injury, the state of MO does, right here:
http://labor.mo.gov/sites/default/files/pubs_forms/WC-280-AI.pdf
Every employer that has five or more employees must insure its workers' compensation obligations with an insurance carrier that is authorized to write such insurance in the state of Missouri by the Department of Insurance, Financial Institutions and Professional Registration, or meet the Division of Workers' Compensation requirements to self-insure its liabilities. Construction industry employers that erect, demolish, alter, or repair improvements are required to carry workers' compensation insurance if they have one or more employees. Railroad, postal and maritime workers are covered by federal laws, not by the Missouri Workers' Compensation law.
As the OP describes the relationship, he's not an employee.
In fact, he may not even be a contractor.
But, what do I know?
I'm just some anonymous dummy responding to the queries of anonymous blokes on the internet.
I'm not serving in the capacity of trial jurist here, just another dude on the 'net.
So, I'm not getting this twisted.
If you face a serious legal issue, a serious medical issue, a severe plumbing problem, or any other tragedy that can befall any of us; you should seek the assistance and services of the appropriate, licensed professional in your jurisdiction.
As far as workers comp, an employer in the construction industry (with ONLY ONE employee) is required to maintain WC insurance in Missouri.
In my experience, those who pay UNDER the table (or OFF the books), probably disregard other laws if they evade the tax laws.
http://labor.mo.gov/areyoucovered
Plus, MO WC law requires an employee to report his or her injury in WRITING within 30 days of the alleged accident! Failure to report your injury to your employer within 30 days may jeopardize your ability to receive workers' compensation benefits. Notify your employer in writing; the written notice must state the date, time and place of the injury, the nature of the injury and the name and address of the person injured.
If the "employer" doesn't provide you (the injured employee) a form on which to rpeort the injury, the state of MO does, right here:
http://labor.mo.gov/sites/default/files/pubs_forms/WC-280-AI.pdf
Every employer that has five or more employees must insure its workers' compensation obligations with an insurance carrier that is authorized to write such insurance in the state of Missouri by the Department of Insurance, Financial Institutions and Professional Registration, or meet the Division of Workers' Compensation requirements to self-insure its liabilities. Construction industry employers that erect, demolish, alter, or repair improvements are required to carry workers' compensation insurance if they have one or more employees. Railroad, postal and maritime workers are covered by federal laws, not by the Missouri Workers' Compensation law.
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