If Igot hurt on the job and get paid under the table, does my boss have to pay my medical bills?
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If Igot hurt on the job and get paid under the table, does my boss have to pay my medical bills?
I am a young bartender. I get paid under the table and I was recently hurt very bad on the job and had to have surgery. My boss has not offered to pay or even help pay my medical bills. He does not have workmers comp or offer insurance and I don’t have personal insurance. What should I do?
Asked on October 18, 2011 under Employment Labor Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You really need to consult with a worker's compensation or personal injury attorney. Because of changes in worker's compensation laws several years ago, the liability of employers who chose to participate in the worker's compensation program decreased dramatically. However, since your boss opted out, based on the info in your question, you would either have a workers comp suit or a personal injury suit. I would suggest that you consult with an attorney that does both because there may be a question as to whether you are an employee or not since you "are paid under the table." But a personal injury attorney can help you figure out your status and decide which type of lawsuit (comp, personal injury, or both) is best for your situation. If your boss hasn't offered to pay for any medical bills, then most likely he won't be motivated to pay anything until he receives a demand letter from a personal injury attorney.
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