We Are Available on WhatsApp
Free Injury Consultation Call for family law consultation rates
(800) 811-9495
Español
Make a Payment
lawpay logo
Español Tap to Call(800) 811-9495

Home Workers’ Compensation Attorney Workers’ Comp Claim If You Are Hurt and Are Working Under the Table

workers comp claim if you're hurt and are working under the tableIf you suffered injuries on the job but you were working under the table, you’re likely facing an immense amount of stress. Many workers like you are unsure of their legal rights when injured in an off-the-books job. Are you still entitled to workers’ compensation? Can you hold your employer accountable?

Fortunately, North Carolina law protects all employees regardless of payment arrangement, provided an employer-employee relationship exists. At Younce, Vtipil, Baznik & Banks, P.A., we know how to pursue the workers’ comp benefits you deserve. Contact us today to learn more in a free consultation.

What Does Working Under the Table Mean?

“Working under the table” refers to employment that is not reported to the government. This usually means the employer pays in cash and does not deduct or report employment taxes to the IRS or the North Carolina Department of Revenue.

In this arrangement:

  • The employer avoids payroll taxes and unemployment insurance.
  • The employee does not receive a paycheck, W-2, or 1099 form.
  • There is typically no formal employment agreement or documentation.

While working under the table can be convenient, it can also create serious legal and financial challenges – particularly if you sustain injuries on the job. If you were injured while working under the table, knowing your rights under North Carolina workers’ compensation law is essential.

What Workers’ Compensation Benefits Are Available for Under-the-Table Employees?

A successful workers’ compensation claim for an undocumented worker offers the same benefits as any other employee. Those benefits can include:

  • Medical expenses, covering all approved treatments and rehabilitation services related to your workplace injury
  • Wage replacement, which temporarily pays two-thirds of your average weekly wages while you’re out of work, subject to state maximums
  • Permanent impairmentbenefits, which make payments for permanent disabilities to various body parts that affect your earning capacity
  • Vocational rehabilitation, including training or education to help you return to suitable work
Free Injury Consultation Contact Us Today

Is Workers’ Compensation Required in North Carolina?

Under North Carolina law, most employers with three or more employees are required to carry workers’ compensation insurance, regardless of how those workers are classified or paid (N.C.G.S. §§ 97-2, 97-93). This includes full-time, part-time, seasonal, and even undocumented workers. There are some exceptions, including:

  • Independent contractors
  • Certain railroad employees
  • Casual employees
  • Domestic employees
  • Farm laborers, if there are fewer than 10 full-time, non-seasonal employees
  • Federal government employees
  • Certain agricultural product sellers

Employers who do not carry workers’ comp insurance when required can face fines and other penalties, as well as open themselves up to potential lawsuits (N.C.G.S. § 97-94).

Who Is Considered an Employee?

Although it may seem as if you’re not legally an employee if you’re not a documented worker with a W-2 or 1099, that’s not how the law views your arrangement. North Carolina workers’ compensation laws define an employee as anyone who is “engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed” (N.C.G.S. § 97-2).

Employers can’t avoid responsibility for injured workers by paying them under the table or labeling them as independent contractors. In North Carolina, the nature of the working relationship matters more than the label. For instance, if your employer directs your work, sets your hours, and provides the tools or materials, the law may consider you an employee even though you’re paid in cash.

It’s the employer’s responsibility to properly classify their employees and provide the workers’ compensation coverage the law requires. Just because an employer chose to ignore the law and pay their workers off the books, that is not a valid defense against their liability.

However, employers often deny that you were ever employed by them – a claim easily supported by the lack of documentation. But that doesn’t mean you can’t build a strong case to receive workers’ compensation. It just means you may need skilled legal counsel to help you pursue your claim.

Can You Recover Workers’ Comp Benefits If You Are Paid Under the Table?

In many cases, you can still file a workers’ compensation claim even if you were working under the table. North Carolina court decisions have consistently shown that a lack of formal payroll records or tax documentation does not mean a worker is not legally an employee or that they can’t receive workers’ compensation benefits.

An employee injured while being paid under the table may still be entitled to workers’ compensation benefits if:

  • They were injured while performing work for an employer.
  • The injury occurred as the result of an accident in the course and scope of their employment.
  • The employer meets the legal requirements for workers’ compensation laws.

However, while you may be entitled to workers’ comp benefits, receiving those benefits can be challenging even for documented workers on the employee payroll. An experienced workers’ compensation lawyer can help you file your claim, gather evidence to build your case, and fight for the benefits you deserve.

How to Prepare for a Workers' Compensation Claim

If you were injured while working under the table, receiving workers’ comp benefits requires proactive measures to strengthen your case. Be sure to:

  • Contact a workers’ comp attorney. Trying to handle your claim alone will be challenging and risky. An experienced attorney can help you build a case to protect your rights and demand your rightful benefits. Contact one as soon as you’re able.
  • Seek immediate medical attention. See a healthcare professional and explain how the injury happened. Be sure to explain that it occurred at work.
  • Gather evidence. Keep all communications between you and your employer, collect any photos or videos of you on the job site, gather testimony from co-workers and witnesses, keep a careful record of bank deposits showing cash payments, and hold on to any work schedules you may have.
  • Report the injury. North Carolina law requires you to notify your employer within 30 days of the injury, with a few exceptions. This report must be in writing to ensure it’s documented.
  • File a claim with the NC Industrial Commission. Just notifying your employer of your injury is not enough to establish a valid claim. You must file Form 18 with the Industrial Commission as soon as possible. Your attorney can help make sure your claim is accurate and complete.

What If Your Employer Doesn’t Have Workers’ Comp Insurance?

If your employer is paying you under the table, there’s a chance they also don’t carry workers’ compensation insurance. However, if your employer is required to have insurance but doesn’t, you can still file a workers’ compensation claim for benefits.

Even if your employer isn’t required to carry workers’ comp insurance, you may still have other options for seeking compensation for your workplace injuries. In some cases, you may be able to file a personal injury lawsuit if someone else was responsible for your injuries. For instance, you may have grounds for a personal injury claim if:

  • You were injured because your employer didn’t follow safety regulations or was otherwise negligent.
  • You got hurt in a car accident that someone else caused.
  • Your injuries were caused by a defective product.
  • You suffered injuries on someone else’s property because of dangerous conditions.
  • You were injured due to a contractor’s or subcontractor’s negligence.

In cases like these, you may be able to pursue compensation from the at-fault party. A personal injury lawsuit can cover losses you can’t recover in a workers’ comp claim, such as the full extent of your lost wages and pain and suffering. An experienced workers’ compensation attorney can help you determine all of your options.

How Can Our Workers’ Compensation Attorneys Help You?

When you work with a skilled attorney from Younce, Vtipil, Baznik & Banks, P.A. to pursue your workers’ comp claim, we can help you by:

  • Investigating your employment relationship
  • Gathering evidence to prove your claim
  • Filing your workers’ compensation claim
  • Negotiating with the insurer
  • Representing you in hearings or appeals if your claim is denied
  • Pursuing all potential forms of compensation

If you were injured while working at a job where you were being paid under the table, it’s even more critical that you contact a workers’ comp attorney as soon as possible. In these cases, employers often try to deny responsibility or intimidate injured workers. Your attorney can stand by your side and fight back against these attempts so you can proceed with your claim and seek your workers’ comp benefits.

Younce Vtipil Baznik & Banks personal injury law team

Call Our Workers’ Compensation Lawyers for Help with Your Case

With over 90 years of combined experience, the skilled workers’ compensation attorneys at Younce, Vtipil, Baznik & Banks, P.A. have helped many clients recover benefits – even when their employers failed to follow the law. Although each case is unique and past results cannot guarantee future outcomes, we have secured millions of dollars in meaningful compensation for our clients, including a $2.625 million workers’ comp settlement for a worker injured in a construction accident. One happy client had this to say about working with us:

“Excellent communication and was very effective in analyzing the situation and working diligently to resolve the issues. I was very pleased with the professionalism and expertise of the staff and highly recommend them.” – Theodocia Shabazz

If you’ve suffered injuries on an under-the-table job, we’ll fight for the benefits you’re legally entitled to. Contact us today for your free consultation.

Contact us Today
(800) 811-9495|(919) 661-9000
Awards & Memberships
WhatsApp