Legal Question in Workers Comp in California

Re: Paying Someone Under the Table

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Re: Paying Someone Under the Table

Whether or not you pay the person under the table or out in the open, they are still an employee whose benefits are determined by their wages. The employer still has Workers' Compenstion liability, but probably has not declared that person as an employee under their WC policy so the employer is automatically responsible for the injuries and can be sued in civil court for amounts greater than the WC coverage. The employer also has no free legal counsel.

If the person was driving from their residence to the school, there might not be coverage under the going and coming to work rule, but the lack of WC coverage makes that a non-issue probably. I am not sure if the person being here illegally would have any effect on their right to benefits; they might be sent back to their native country but that is not because of WC law.

The best course for the employer is to try to cover all the injuries and time off work out of his own pocket and not be so foolish in the future.