My brother in law is currently was working under the table, paid in cash, as a landscaper. He is a US citizen and recently was injured at work... badly enough so that he is unable to work. (His knee is swollen, with a possible ligament tear.) Unfortunately he does not have health insurance, and cannot afford to seek medical attention. What are his options? Can he claim disability? Is there anyway for him to have monetary support while unable to work? Any suggestions would be greatly appreciated. Thank you!
2007-06-30 15:42:24 · 12 answers · asked by Danielle G 1 in Politics & Government ➔ Law & Ethics
For those of you who want to get up on a podium, and preach about things you don't completely understand...Please look elsewhere. And just FYI. He isn't from another country, was born in the US. Not that that even matters.
2007-07-01 13:27:12 · update #1
He must prove he was employed by the contractor/landscaper, either by admission by the employer or testimony by co-workers.
He fills out a workers comp form, and hands it to the human resources department at the contractor's office, or to the manager. They are supposed to give you information concerning your rights to filing a claim. In fact, your rights should be posted somewhere on the premises.
If they refuse to cooperate, go to your local Workers Comp Board and obtain the information. Speak with an Information and Assistance Officer. Or hire a WC attorney.
Good luck!
2007-06-30 15:50:39 · answer #1 · answered by MenifeeManiac 7 · 0⤊ 0⤋
No. Since your brother was working under the table, taxes and workman's comp was not taken out. He can't claim disability because he wasn't paying into a state disability fund.
He could always sue his former employer, but people who pay under the table don't keep records. Your brother would even have a hard time proving he actually worked at the job where he got hurt.
Sometimes it sucks to follow the law, but in this case it would have helped a lot.
2007-06-30 15:52:18 · answer #2 · answered by imaharding 2 · 1⤊ 0⤋
I can't say for certain but I don't believe he can for the following reason. The employer pays for worker's compensation insurance. If employees are paid cash then the employer is not withholding social security, state or federal income tax and more than likely not paying for insurance. The cash payment is in lieu of these other benefits.
2007-06-30 15:51:54 · answer #3 · answered by thearizonapenguin 4 · 0⤊ 0⤋
It may not be "under the table" if the employer advised him that he was not an employee, merely an "independent contractor".
You don't indicate how or what location he was at when the injury occured; if it occurred on a business or homeowner's property and any negligence on their part was involved, he may be able to file a claim against their homeowners or business insurance.
He could contact the local welfare department to see if he/his family would qualify for any benefits.
2007-07-01 02:29:49 · answer #4 · answered by bottleblondemama 7 · 0⤊ 0⤋
No, you can't get Workmans comp...
But you can get a lawyer and sue. What your employer did was illegal. Getting paid "under the table" does NOT mean the employer has no responsibilities. Unless your husband signed a Release Form or Waived all medical rights and said He will Not take legal action.
If you win a million dollars, can I have a cut of it?
Good Luck.
2007-06-30 15:50:26 · answer #5 · answered by FLSTC 2 · 1⤊ 2⤋
He can not receive workers comp. Being paid "under the table" is illegal and both your brother in law and his employer can get in trouble for it.
2007-06-30 15:53:26 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Being paid under the table is illegal. It depends if you want to keep your job or not.
You can get your employer in trouble by forcing the issue.
2007-06-30 15:51:29 · answer #7 · answered by Jodi A 2 · 1⤊ 0⤋
so your brother is cheating the american people by not paying taxes?, and now he has the guts to ask for advice on how to cheat the workers comp. system? is that why he came to my country, to try and cheat us? to take advantage of our system and steal from americans? so your brother thinks it ok for american workers to pay workers comp insurance so he could collect it? how else is you brother cheating the govenment? section 8? foodstamps? when people cheat the system, the system breaks. Your brother needs to go back home and cheat his own government, not mine
2007-06-30 15:58:17 · answer #8 · answered by fred f 3 · 1⤊ 0⤋
Unfortunately, no, he has to be employed since he was injured while doing this job.
2007-06-30 15:50:17 · answer #9 · answered by Veridian 2 · 1⤊ 0⤋
No. Not at all. In fact, you can go to prison for not reporting your wages and paying taxes.
2007-06-30 16:09:22 · answer #10 · answered by cyanne2ak 7 · 1⤊ 0⤋