The cash you bring home after a long week on the construction site isn’t just payment. It’s peace of mind, knowing you can pay the rent, put groceries on the table, and support your family. But when a fall or an equipment failure leaves you seriously injured, that system suddenly feels like a trap. The physical pain is immense, but the questions that follow are suffocating: My boss paid me off the books; will he deny I ever worked for him? How can I possibly prove my job existed? Do I have any rights at all?
If you feel confused and erased, we understand. The advocates at Greenspan & Greenspan want you to know that your work is real, your injuries are real, and, in New York, your rights are real, too. In this blog post, we’ll cover what to do if you’re paid under the table and get hurt, walk through your legal options, and explain how we can help.
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Your Right to Workers’ Compensation Benefits
New York law requires nearly every employer to carry workers’ compensation insurance for their employees. The insurance is a no-fault system, which means you do not have to prove that your employer was negligent to receive benefits. It provides coverage for medical treatment and a portion of your lost wages while you recover.
Many injured workers worry that being paid in cash invalidates their rights. In reality, under the table employee rights are still protected in New York. The law makes clear that the method of payment does not change your eligibility for workers’ compensation or your ability to bring a personal injury claim.
Furthermore, if you are concerned about your immigration status, it is not a barrier to receiving these benefits in New York either. While our firm does not handle workers’ compensation claims, we understand how this system intersects with personal injury lawsuits. We can help you understand the full scope of your rights and determine the best path forward for you and your family.
Can You Sue Your Employer If You Were Paid Under the Table?
Generally, New York’s workers’ compensation system prevents you from suing your direct employer for a workplace injury. However, that is not the end of the story. For many families, these benefits are not enough to stay afloat, and the law provides another powerful option. New York’s labor laws allow injured construction workers to recover full compensation through a third-party lawsuit, which is not dependent on how your employer paid you.
This legal action targets another negligent party who contributed to the accident. On a construction site, common third parties include:
- The property owner,
- The general contractor,
- Other subcontractors, and
- The manufacturer of faulty equipment.
A lawsuit allows you to pursue financial recovery for the damages workers’ compensation doesn’t cover, such as all your lost income and benefits, and the full extent of your pain and suffering.
How Does Getting Paid Under the Table Affect Personal Injury Settlements?
Being paid off the books can make your case more complex, but it does not take away your right to pursue full compensation.
The biggest challenge in a cash-pay injury case is proving you were an employee and documenting your earnings. Insurance companies will argue that without pay stubs or W-2s, your claim has no merit. This is not true. We know how to build a case using alternative forms of evidence. We can establish your employment and wage history through several methods, including:
- Testimony from coworkers, friends, or family members who knew about your job and how much you earned;
- Your own testimony detailing your work schedule, duties, and payment history;
- Text messages or emails with your boss discussing your work schedule, assignments, or pay;
- Bank statements that show a consistent pattern of cash deposits corresponding to your pay schedule; and
- Photographs or videos of you at the construction site or wearing a company uniform.
Gathering this information is critical. We can help you collect and organize this evidence to present a clear and compelling picture of your employment and financial losses.
What to Do If You’re Paid Under the Table and Get Hurt
What you do in the moments and days after a construction accident can significantly impact your ability to recover compensation. To protect your rights following a workplace injury—regardless of your method of payment—it is essential to take the following steps promptly:
- Report the injury. Let your supervisor, foreman, or employer know that you are injured. New York law requires you to notify your employer in writing within 30 days of the accident to protect your workers’ compensation rights.
- Seek medical attention. Some severe conditions, like internal bleeding or brain injuries, may not show symptoms right away. A doctor’s evaluation creates an official record of your injuries and their connection to the worksite accident.
- Document everything. Write down what you can remember about the accident, take photos of the scene and your injuries (or have someone do that for you), and get contact information from any witnesses to the incident.
Do not give a recorded statement to any insurance company representative or sign any documents without first speaking to an attorney. Their goal is to minimize a payout, not to protect your interests.
A Legacy of Fighting for Injured Workers Since 1959
For more than 65 years, Greenspan & Greenspan Injury Lawyers has been a pillar of support for injured workers and their families. Our longevity is not just a number; it is a testament to generations of trust built one case at a time. We understand the unique challenges faced by members of our community, which is why our bilingual staff is ready to assist Spanish-speaking clients, making sure that communication is never a barrier to justice. We handle every detail of your case so you can focus all your energy on what matters most: your physical and emotional recovery.
Let Our Family Help Yours Today
After a devastating construction accident, you should not have to worry about how you will pay your bills or whether your payment status will prevent you from getting help. You have legal rights, and we are here to fight for them. Contact Greenspan & Greenspan Injury Lawyers today to learn how we can help you move forward.
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