The ability to claim Workers’ Compensation benefits from your employer is a right for all employees in Pennsylvania. However, your official status as an “employee” can be questioned.
If you are an “employee,” your right to Workers’ Comp should be protected, even if you are paid under the table. However, if you are paid under the table, it can make it harder to prove that you are actually an employee and that you were working there when the accident happened. If you can prove all of this, your employer still has to pay your Workers’ Comp benefits.
Because these cases are complex, definitely call our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945 for a free case review.
Does Being “Off-the-Books” Block me From Workers’ Comp?
Your employer’s requirement to carry Workers’ Comp insurance and to pay for employees’ on-the-job injuries extends to both on-the-books and off-the-books employees. Even if you are paid under the table, your employer still has a legal obligation to pay you for your work, pay any required benefits/taxes, and cover your injuries through Workers’ Comp.
The Workers’ Comp Act requires coverage based on your status as an “employee” (or “employe,” as the Act calls you). This requirement says nothing of the worker’s legal status, immigration status, or employment records. Instead, it requires coverage for “all natural persons who perform services for another for a valuable consideration,” with a few exceptions.
“Employee” Status
For you to be covered, you need to prove you were indeed working as an employee when the accident happened. This means having our Philadelphia Workers’ Comp lawyers examine a few factors:
Pay Records
If you are paid under the table, especially if you are paid in cash, you might not have clear evidence that your employer actually pays you. However, any text messages, voicemails, or emails you have that show how much you are paid can help prove this factor.
Pay records will also be important when calculating your lost wage benefits.
Agreements and Daily Practices
If your employment is off the books, you likely don’t have an employment contract, employee handbook, or other documentation that you work for that employer. However, you can testify about agreements and produce texts, emails, etc., to show your boss did hire you.
Coworkers and supervisors can also testify that you did indeed show up to work for this employer every day like the other employees do.
Employee vs. Contractor
Many employers caught paying workers under the table try to argue that an employee was actually an “independent contractor,” and that’s why they weren’t on payroll or covered under Workers’ Comp. If you are actually an independent contractor, this would be a valid argument – but it often isn’t correct.
Whether you are an “employee” or an “independent contractor” is not based only on how you were paid, but how much control your employer has over your work.
- Independent Contractor: If your employer pays you cash for a single job, lets you decide how/when to do the work, then releases you afterward, independent contractor status might be appropriate.
- Employee: If your employer keeps you on staff day to day or week to week and controls your schedule, where you work, and how you do your work, employee status is more appropriate.
Work-Related Accidents
You can only get Workers’ Comp coverage for a “work-related” injury. This means showing that your injury either
- Happened because of work conditions (e.g., slippery surfaces, unstable buildings, dangerous scaffolding) or
- Happened in the course of your work (e.g., while driving a delivery truck, while lifting or moving materials).
This doesn’t necessarily mean the accident occurred at one particular “workplace,” as long as you were in the course of doing your job tasks when the accident happened.
This also means that fault is not usually a question. Injuries should be covered whether your boss, a coworker, an outside party, or even you were responsible for the accident.
FAQs for Workers’ Paid Under the Table Claiming Workers’ Comp in Pennsylvania
Will I Get in Trouble for Being Paid Under the Table if I File a Work Comp Claim?
It is your right to get Workers’ Comp regardless of your status, and that should not play into this legal case. However, talk to a lawyer about what other legal exposure your claim might create.
Can I Accept Injury Pay Under the Table?
You should never accept money for your medical care or lost wages under the table, even if you are normally paid under the table. Without an official Workers’ Comp claim or settlement, there is nothing to force your employer to keep paying for your care if they decide to stop paying.
You should never trust your employer to keep their promises, especially if they aren’t willing to put them in writing with an official settlement or handle the case above board through the Workers’ Comp process.
Is Workers’ Comp Worth It?
Most of the time, Workers’ Comp is absolutely worth it.
This system can cover all medical care for your injuries, plus pay around 2/3 of your typical wage as wage-loss benefits. If you suffered a permanent injury (amputation, lost function, serious facial scarring, lost hearing/vision), you can also get additional payments.
What if My Employer Doesn’t Have Workers’ Compensation Insurance?
Employers who aren’t following the rules about keeping their employees on the books also typically violate the rules about Workers’ Comp insurance. Your employer could be subject to serious fines and penalties if they are not covering you under Workers’ Comp, and this is something you can consider reporting to the authorities.
However, your case can still go through! Pennsylvania provides funding to cover workers when their employers do not have insurance. It’s called the Uninsured Employers Guaranty Fund (UEGF), and filing for benefits through that fund has extra steps, deadlines, and requirements, so work with a lawyer quickly.
How Long Do I Have to File?
Workers’ Comp claims require you to report your injury to your employer within 120 days at the latest, but 21 days is typical. If your claim is denied (potentially because your employer denies that you are an official employee), then you must file a Claim Petition before a Workers’ Comp Judge within 3 years of the injury.
Call a lawyer quickly to get your case on track, especially if you may have to tap into the UEGF, because that claim might have different requirements.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Call (267) 651-7945 for a free case review with our State College, PA Workers’ Comp lawyers today.
