Do I have any recourse against employer neglect? 21 Answers as of July 09, 2015

My employer failed to carry workers comp coverage throughout my employment he also did not pay overtime for the first 2 years of my employment. Can I do anything due to this employer neglect?

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
You can sue your employer for unpaid overtime wages, provided that the first 2 years of your employment were not too long ago: a court case must be started within 6 years from the date of work for which the correct wages were not paid. If 6 years did not pass yet, and if you were not an administrative worker or specialist earning over $900 a week, then instead of going to court, you can file a claim with the New York State Department of Labor - and they will make sure you get paid what your employer owes you.
Answer Applies to: New York
Replied: 7/9/2015
S. Joseph Schramm | Joseph Schramm
Regarding the workers' compensation coverage you would have recourse to sue your employer for medical bills incurred, wage loss as well as income pain, suffering and loss of enjoyment of life arising from any job-related injuries you might have suffered. If you did not suffer any job-related injuries you would not have any recourse. However, the state could file an action against him for failure to carry workers' compensation insurance. As for the the overtime, you might have a claim for violation of the Fair Labor Standards Act, provided your job did not fall into one of the categories of employment excluded from coverage under the act.
Answer Applies to: Pennsylvania
Replied: 7/8/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Generally an employer is self-insuring against on the job injuries if they do not carry workers compensation insurance and would have to pay employees "comp" out of their own funds. However, there are some limited instances where such insurance is not required and certainly there are proofs required on your part as to employment, job related injury, etc. I believe it is always best to consult local counsel who regularly handles workers compensation cases to get a free understanding of your rights in regard to your specific facts. You may certainly take action if overtime pay was withheld. The Federal and State governments have agencies that look into these matters and you can also obtain counsel to file litigation. Again, a consultation with a local attorney re: the specific facts is the prudent way to go.
Answer Applies to: Michigan
Replied: 7/7/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Possibly. How much overtime are you owed, and how much did you lost out financially (if at all) by his not having had workers comp coverage?
Answer Applies to: Michigan
Replied: 7/7/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If you were not injured, his lack of workers compensation insurance was still a violation of law, but does not provide for any claim for you to make retroactively. If you had been injured, the Uninsured Employers Fund(UEF) would step in, pay your benefits, and sue the employer for the money they paid to you. So you were covered. Call the Wage and Hour department at the Labor Board in Helena about your pay claim. It is likely too late to file a claim.
Answer Applies to: Montana
Replied: 7/7/2015
    KEYL ADR Services, LLC | Mark D. Keyl
    I suggest that you notify the Workers' Compensation Commission. Regarding the overtime, I suggest you file a claim with the US Department of Labor Wage and Hour Division nearest you.
    Answer Applies to: Mississippi
    Replied: 7/7/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You don't state whether you were injured, so if you were not, then whether or not they carried worker's comp is academic. You are supposed to get paid overtime, though. Find out if your State Department of Labor has a Wage and Hour Board and file a complaint. Your former employer owes you back pay.
    Answer Applies to: New York
    Replied: 7/7/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Yes you can file the OT claim either before Labor commissioner or in court. You have no claim for him not having WC coverage unless you were injured and not covered.
    Answer Applies to: California
    Replied: 7/7/2015
    End, Hierseman & Crain, LLC | J. Michael End
    Hire a lawyer who handles employment cases.
    Answer Applies to: Wisconsin
    Replied: 7/7/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The failure to pay overtime is most probably actionable, the workers comp is another matter unless there was a claim.
    Answer Applies to: Michigan
    Replied: 7/7/2015
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    If you have a valid workers comp claim, you may report them to the W.Comp board If you do not have a w.comp claim, perhaps you should consider finding another job, rather than biting the hand that is feeding you. If you are a former employee, perhaps you should move on with your life.
    Answer Applies to: Georgia
    Replied: 7/7/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If you have the type of job that requires overtime payment then you should contact the Labor Department
    Answer Applies to: Connecticut
    Replied: 7/7/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    If you got hurt on the job, you can sue. Otherwise you can complain and quit.
    Answer Applies to: Michigan
    Replied: 7/7/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Presuming you weren't hurt on the job, you can call the Labor Board and report him or her. If you were hurt, consider consulting an experienced comp lawyer.
    Answer Applies to: Alabama
    Replied: 7/7/2015
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Yes, you can SUE.
    Answer Applies to: New York
    Replied: 7/7/2015
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    Yes. You can file a wage and overtime case. You should talk to a lawyer ASAP. If you were hurt at work, you may be able to file a WC claim as well.
    Answer Applies to: Georgia
    Replied: 7/6/2015
    Law Offices of George H. Shers | George H. Shers
    It is not neglect, it was willful. The limitations in benefits under WC do not apply and he can be sued civilly without the need to prove any negligence as to the happening of the injury. You should contact the labor Board as to the failure to pay overtime. But remember, he may try to take it out on you by trying to fire you, which would be illegal but if he is clever he may be able to hide his real intent.
    Answer Applies to: California
    Replied: 7/6/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, there are penalties. See a W.C. lawyer.
    Answer Applies to: California
    Replied: 7/6/2015
    Fox & Fox, S.C. | Richard F. Rice
    Probably but contact an attorney to know for sure.
    Answer Applies to: Wisconsin
    Replied: 7/6/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Did you suffer a work injury? If so, you can take action against the employer. As for overtime - that's an issue to be addressed by Colorado's wage and hour law, separate from workers' comp.
    Answer Applies to: Colorado
    Replied: 7/6/2015
    Sprattlin Castor LLC | Nancy Castor Sprattlin
    If you are a nonexempt employee and to the extent your employer is subject to the Fair Labor Standards Act (FLSA), you are/were entitled to overtime pay for any and all hours worked in excess of 40 hours in a weekly period. You should contact the Department of Labor immediately regarding this issue. The act of responding to this question and/or submitting information via an electronic or written form, does not create an attorney-client relationship. Furthermore, we are providing general information. We would need more information from you to provide a more specific analysis and assessment of your case at this time.
    Answer Applies to: Georgia
    Replied: 7/6/2015
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