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hurt while working under the table

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  • 10-30-2005, 02:15 AM
    TFleury7
    hurt while working under the table
    I was working for cash when i was hurt. @ the time I was not covered by my own helth insurance. now i have informed my employer that i need to be a leagal employee, & he stated that he could not afford workmans comp insurance. Also that to be able to do so, I would have to be employed as an independant contractor.
    so far from what i have learned that to be an independant contractor would mean that i would have to provide my own workmans comp insurance. true?
    I now have applied for health insurance, would i have to pay W.C. insurance premieums on top of this? what is the best approach?
    my boss is a noce guy and i would hate for him to loose his buisness because of this. but i wouldent hold back from sueing him if need be to pay outragious emergency room, x-ray, ct scan, surgery, medication, continuious dr. visit bills, and being layed up for 2 weeks dident help.

    i need leagal advice,

    thanks TF
  • 10-30-2005, 10:55 AM
    Mr. Knowitall
    Injured at Work
    I don't know if you were truthfully an employee or an independent contractor. If you were an employee, intentionally misclassified by your employer as an independent contractor to avoid taxes and the obligation of carrying workers' compensation coverage, you would be entitled to make a claim in tort for personal injury caused by the negligence of the employer or a co-employee. (You don't indicate how you were hurt.) You probably have a similar right to pursue a tort claim if you are actually an independent contractor.

    However, if you were responsible for your own injury, you would not ordinarily have a remedy in tort, and thus might be limited to trying to argue that you were in fact an employee and that your employer is liable for your medical costs under your state's workers' compensation laws.

    Your best bet is to consult a local lawyer who handles workers' compensation claims, to have your situation analyzed.
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