QUESTION
How do I make employer liable for accident if he doesn't take taxed out of check and I got hurt on the job?
Asked on Oct 03rd, 2013 on Personal Injury - California
12 ANSWERS
Ronald A. Steinberg
Get a qualified workers compensation lawyer.
Answered on Oct 14th, 2013 at 3:02 AM
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Oct 10th, 2013 at 3:58 AM
There are several factors that determine whether a person is an employee or independent contractor, such as whether you can be fired at any time, taxes withheld, social security paid, any control over the work done, etc. You probably should see an Applicant's Workers' Compensation attorney to see which category you fall into.
Answered on Oct 07th, 2013 at 4:52 AM
James Eugene Hasser
The exclusive remedy against the employer for an on the job injury is for comp benefits. Presuming he is large enough that he is required to have comp insurance, the fact he doesn't take taxes out does not determine whether he is considered your employer for compensation purposes. What matters is whether he reserves the right to control your activities. You can either call the DOL or talk to an experienced comp lawyer.
Answered on Oct 04th, 2013 at 1:24 PM
Car Accidents Attorney serving Charlotte, NC
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DeVore Acton & Stafford, P.A.
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Depending on the size of your company, your employer is required to have workers compensation coverage which would ordinarily cover injuries on the job.
Answered on Oct 04th, 2013 at 11:43 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In other words, you are an independent contractor. If you are truly an independent contractor, then you will have to prove the negligence of the party that used you or had control of the work site. However, you may actually be an employee. Call your state's labor department and tell them what you did, the conditions of working etc. If the department thinks you are an employee, they will come down on the employer and he will probably have to pay you worker's comp benefits.
Answered on Oct 04th, 2013 at 11:43 AM
Thomas Edward Gates
If you are not covered by workman's compensation. You can contact the state for coverage or, if denied, sue you employer for recovery.
Answered on Oct 04th, 2013 at 11:25 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your question about "taxed" makes no sense. If you are hurt on the job you may have a valid worker compensation claim. See a lawyer if you think there is a problem.
Answered on Oct 04th, 2013 at 11:23 AM
You should pursue your employer for your injuries. A good workers compensation lawyer can help you. If the employer did not pay workers compensation for you, you can still get payment from the employer.
Answered on Oct 04th, 2013 at 11:22 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received
Answered on Oct 04th, 2013 at 8:14 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You can file a workers comp claim if there are at least 3 employees. Does not matter if he took taxes out.
Answered on Oct 04th, 2013 at 8:12 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Contact a worker's compensation attorney right away. He or she will know how to handle this situation.
Answered on Oct 04th, 2013 at 7:43 AM