How Does Being Paid Under the Table Affect Workers’ Comp in Pennsylvania?

Question from Kenny, How Does Being Paid Under the Table Affect Workers’ Comp in Pennsylvania?

Answer from AI:

In Pennsylvania, your employer’s liability for a work-related injury, even if you’re paid under the table, depends on several factors:

1. Employee vs. Independent Contractor: Pennsylvania determines this based on control. If your employer directs your work, you’re likely an employee, entitling you to workers’ compensation, regardless of payment method.

2. Workers’ Compensation: Employers are required to provide coverage. If injured, you may file a claim, even if paid under the table, as the law prioritizes coverage over payment methods.

3. Employer’s Insurance Obligation: If your employer lacks workers’ comp insurance, they could face penalties, and you might sue for damages, especially if they’re non-compliant with labor laws.

4. Negligence and Liability: Employers must provide a safe work environment. If negligence, like lack of training, caused your injury, they could be liable, irrespective of payment status.

5. Legal Advice: Consulting a Pennsylvania employment lawyer is crucial to clarify your status and rights, ensuring you understand your options and protections.

In summary, while being paid under the table complicates matters, your employer may still be liable if you’re deemed an employee and they failed to meet legal obligations. Legal consultation is recommended for personalized guidance.