Am I Covered If I Work Off The Books?

Some employers hire workers "off the books" and pay them in cash, especially if they are undocumented or temporary workers. If you fit into this category, your employer may have told you that you are not eligible for workers' compensation benefits if you suffered a work-related injury. That may not be the case. You may still receive benefits under New York's workers' compensation insurance program.

It pays to get a lawyer's opinion. A workplace injury can affect you for the rest of your life. You may need expensive medical care — or worse, you might avoid seeking treatment because you can't afford it. This can lead to a chronic condition that will affect your ability to work in the future. To protect yourself and your family members who rely on you, it's crucial to get the medical and lost wage benefits you need. Contact Jonathan H. Poznansky, Attorney at Law, at 347-201-7696 to explore your legal options. We represent clients who work in Staten Island and Brooklyn, including clients who commute from New Jersey.

Does New York Consider You An Employee?

Your employer may not consider you an employee, but that doesn't mean the state of New York will agree. When considering whether you qualify for workers' compensation benefits, a determination regarding your employment status may need to come first. That may require answering the following questions:

  • How does your employer pay you? If the business pays you cash for your services, then the state may consider you an employee.
  • Is the work you do the same as your employer's primary business?
  • Does your employer tell you how to do your job?
  • Does your employer have the right to hire and fire you?
  • Does your employer provide you with the equipment you need to do your job?

Depending on the answers to these questions, you may be eligible for workers' compensation benefits. If any question exists regarding your employment status, a workers' compensation law judge will make that decision at a hearing. You will need to provide the appropriate evidence to prove your employment status.

Our Lawyers Can Help

Jonathan H. Poznansky, Attorney at Law, has the experience and compassion you need in order to obtain the benefits you deserve. If you are paid off the books and your employer is trying to keep you from receiving those benefits, contact us at 347-201-7696 or online to schedule a free initial consultation.