Legal Question in Workers Comp in New York

My boyfriend works at a steel fabrication company which pays all of it's employees off the books. He was injured today and went to the hospital for stitches. His boss is saying that because he's off the books and the company doesn't offer any insurance he will have to pay for all of that out of pocket. My question is that if you are being paid off the books and are injured on the job can you file a workman's comp claim?


Asked on 12/21/09, 6:44 am

3 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Yes he can.

Think about it. If his boss was correct no company in the State would pay their employees on the books or get workers comp insurance. Common sense should tell you that this is a lie.

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Answered on 12/26/09, 7:17 am
Steve Brodsky Esq. CheapNewYorkLLC.com

Not only that, his employer is going to be in BIG trouble for (1) paying his employees off the books and (2) not carrying workers comp insurance. The employer is facing huge penalties and may even be personally liable. Contact a workers comp attorney immediately.

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Answered on 12/26/09, 8:33 am
Pasquale Calcagno Calcagno & Associates, PLLC

Yes. The Workers Compensation law protects those who are paid off the books. Additionally, his employer has huge exposure. Furthermore, depending on how the accident happened, you may have another lawsuit against a third party other than your employer. For example, if he was using a machine and it malfunctioned you may have a products liability claim against the company that manufactured or serviced the machine. Contact me, Pasquale Calcagno, Esq., so we can discuss all of these matters confidentially and for free at 1(800)WE-FIGHT. You can also visit me on the web at www.1800wefight.com for helpful information on workers compensation. Simply go to the search function on our site and type in "Workers Compensation." We have convenient locations all over New York and can have an attorney come to you upon request. I look forward to speaking with you and fighting hard for your rights.

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Answered on 12/28/09, 2:39 pm


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