When your boss does not have insurance accident Comp, how do you get after your accident?
Asked by M : When your boss does not have insurance accident Comp, how do you get after your accident
My boyfriend works in the books in New Jersey, and he just dislocated his shoulder while working. The injury requires physical therapy, but it should not have to pay for itself! How can he get his boss, who is responsible to cover the necessary treatment? Best answer:
Answer
by Linda R
Since he worked “off the books” – then medical expenses are his … not the employer
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In theory he could sue the boss, but that will probably get him fired instead. If your boyfriend has medical insurance, he should file a claim under that and see if it will cover the physical therapy. Working off the books was a choice he made, and one that severely limits his rights under employment law.
He can still get his medical bills covered, despite being “off the books.” He won’t get the other portion of workers comp, income continuation.
Being off the books was a decision he made, but the employer is still responsible. He will definitely lose his job and the employer is going to be fined heavily for this if the Department of Labor finds out.
If there is no Workers Comp in force, the employer is required to pay out-of-pocket. If he fails to pay the bills, your bf will have to take him to court.
Why shouldnt he have to pay it if he is not an employee and does not pay taxes? Why is the boss responsible for his injury?
There is no insurance that would cover him because he is not an employee. If he were, he might get Workmans Compensation or State Disabiity Insurance.
He may have to file a lawsuit but might find it difficult to do so since he is working illegally.
You pay cash, or you sue your boss.
He’ll have to PROVE that he’s an “off the books” employee.
Bottom line, boyfriend is complicit in committing fraud, and if he didn’t CLAIM his “under the table” earnings with the IRS and pay taxes on them, he’s going to have to worry about THAT, also.
Your boyfriend is working illegaly. This is a risk he took by taking such a job. The employer has no obligation to pay for his work related injury and both his boss and your boyfriend could be found liable for tax evasion. This is the risk of working off the books. It hurts everyone involved and even the general public. If her were working legally and the employer offered work comp, then and only then would the employer’s work comp be responsible for the payment.
The fastest way to get care is to pay for it yourself.
If you do not want to pay, then you file a claim with the state for worker’s comp, exactly the same way as you would if the boss did have the insurance. You then wait for the state to determine that he did work that and that the boss did not have insurance. After that, you wait more time for the state to do something about it.