Legal Question in Workers Comp in Pennsylvania

Re: Getting paid under the table.

If you get hurt at work and have any questions about your rights, the only real answer is to consult an attorney who can review the specific facts of your case, the law of your jurisdiction, and give you specific legal advice. Oh, and IMMEDIATELY REPORT THE INJURY TO THE EMPLOYER. This is really important.

There are a few basic principles which generally apply. The key questions on comp benefits are:

1. Was there an employer/employee relationship. The law looks to the reality of the relationship, not the form. If you were being paid to work on a regular basis, and were not an independent contractor, it doesn't matter whether you were being paid under the table. There are very few exceptions, like some farm workers, household help, casual employment. (Unemployment is a different story, however, because you can't get unemployment benefits if they don't have records of tax contributions on your wages).

2. The injury must be "in the course of employment." Whole books have been written about what this means.

3. If your employer did not have workers comp insurance, then things get tricky. You can choose whether to sue for negligence, and possibly recover full damages, but only if the employer was at fault, and has assets or insurance to cover the damages. Or you can claim workers comp benefits. It's a tough decision and legal advice from your own attorney is absolutely necessary.