QUESTION
Do I have any recourse against employer neglect?
Asked on Jul 06th, 2015 on Labor and Employment - Wisconsin
More details to this question:
My employer failed to carry workers comp coverage throughout my employment he also did not pay overtime for the first 2 years of my employment. Can I do anything due to this employer neglect?
15 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You can sue your employer for unpaid overtime wages, provided that the first 2 years of your employment were not too long ago: a court case must be started within 6 years from the date of work for which the correct wages were not paid. If 6 years did not pass yet, and if you were not an administrative worker or specialist earning over $900 a week, then instead of going to court, you can file a claim with the New York State Department of Labor - and they will make sure you get paid what your employer owes you.
Answered on Jul 09th, 2015 at 12:50 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally an employer is self-insuring against on the job injuries if they do not carry workers compensation insurance and would have to pay employees "comp" out of their own funds. However, there are some limited instances where such insurance is not required and certainly there are proofs required on your part as to employment, job related injury, etc. I believe it is always best to consult local counsel who regularly handles workers compensation cases to get a free understanding of your rights in regard to your specific facts. You may certainly take action if overtime pay was withheld. The Federal and State governments have agencies that look into these matters and you can also obtain counsel to file litigation. Again, a consultation with a local attorney re: the specific facts is the prudent way to go.
Answered on Jul 07th, 2015 at 8:20 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you were not injured, his lack of workers compensation insurance was still a violation of law, but does not provide for any claim for you to make retroactively. If you had been injured, the Uninsured Employers Fund(UEF) would step in, pay your benefits, and sue the employer for the money they paid to you. So you were covered. Call the Wage and Hour department at the Labor Board in Helena about your pay claim. It is likely too late to file a claim.
Answered on Jul 07th, 2015 at 11:55 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You don't state whether you were injured, so if you were not, then whether or not they carried worker's comp is academic. You are supposed to get paid overtime, though. Find out if your State Department of Labor has a Wage and Hour Board and file a complaint. Your former employer owes you back pay.
Answered on Jul 07th, 2015 at 8:46 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes you can file the OT claim either before Labor commissioner or in court. You have no claim for him not having WC coverage unless you were injured and not covered.
Answered on Jul 07th, 2015 at 2:20 AM
1 Award
Hire a lawyer who handles employment cases.
Answered on Jul 07th, 2015 at 2:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The failure to pay overtime is most probably actionable, the workers comp is another matter unless there was a claim.
Answered on Jul 07th, 2015 at 2:13 AM
If you have a valid workers comp claim, you may report them to the W.Comp board If you do not have a w.comp claim, perhaps you should consider finding another job, rather than biting the hand that is feeding you. If you are a former employee, perhaps you should move on with your life.
Answered on Jul 07th, 2015 at 2:12 AM
Ronald A. Steinberg
If you got hurt on the job, you can sue. Otherwise you can complain and quit.
Answered on Jul 07th, 2015 at 2:12 AM
James Eugene Hasser
Presuming you weren't hurt on the job, you can call the Labor Board and report him or her. If you were hurt, consider consulting an experienced comp lawyer.
Answered on Jul 07th, 2015 at 2:04 AM
Yes, you can SUE.
Answered on Jul 07th, 2015 at 1:59 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Yes. You can file a wage and overtime case. You should talk to a lawyer ASAP. If you were hurt at work, you may be able to file a WC claim as well.
Answered on Jul 06th, 2015 at 7:00 PM
Edwin K. Niles
Yes, there are penalties. See a W.C. lawyer.
Answered on Jul 06th, 2015 at 6:58 PM
It is not neglect, it was willful. The limitations in benefits under WC do not apply and he can be sued civilly without the need to prove any negligence as to the happening of the injury. You should contact the labor Board as to the failure to pay overtime. But remember, he may try to take it out on you by trying to fire you, which would be illegal but if he is clever he may be able to hide his real intent.
Answered on Jul 06th, 2015 at 6:57 PM
Probably but contact an attorney to know for sure.
Answered on Jul 06th, 2015 at 6:07 PM