QUESTION
I was recently injured on a job for a moving company but I get payed cash under the table. Can sue them for the medical bills and such
Asked on Jul 25th, 2018 on Labor and Employment - Georgia
More details to this question:
Ok I have been working for a small furniture moving company for the past several months.. recently I was injured while on the job and went to the emergency room only a few hours later. Did some heavy damage to my back costing me several thousand in hospital, Dr, and prescription expensives also the time that I have been down and unable to work.. the problem is I am payed straight cash and under the table. The only proof of employment I have is via text message from the owner dating all the way back from March 2018 threw June the 14th on which day I was injured. The messages clearly state that we have jobs booked for specific dates and times also location of jobs and descriptions. Would that stand up in court as proof of employment for me to be able to sue them for all the expenses I’ve inquired the injury
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
The employer likely will claim that you are an independent contractor who is not covered by Georgia WrokersComp. statutes. You are not. Your work is an inherent part of the employer's services - not external to it. Your investment in the job is miniscule compared to the employer's. You are subject to the employer's control and supervision. You are not in a job classification that usually is performed by independent contractors such as lawyers, doctors, etc.
Your employer is required to carry workers comp insurance to cover you. If it fails to do so it becomes the insurer. You are entitled to all of your medical expenses and a replacement of a part of your wages since your injury.
Our firm does not handle workers comp. cases. If you are in Atlanta or North Georgia the best workers' comp plaintiff's attorney is J. Franklin Burns ( (404) 303-7770) in Atlanta. If you are in Perry or South of it, the best is John Christy ((478) 987-9000) in Perry. Please give them a call and tell them that I recommended that you contact them.
Michael A. Caldwell
404-979-3150
Answered on Jul 26th, 2018 at 3:51 PM