If I work under the table at a bar and I fell, can I sue the owner? 20 Answers as of May 10, 2013

His floor was decaying and I fell while working, can I sue him?

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Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
Sure you can. He should have general liability insurance. You probably only need to file a claim with his insurance company.
Answer Applies to: Utah
Replied: 5/10/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Here is the problem. Working "under the table" means that you get paid cash. If you make a claim, you have to admit, under oath, that you were working, that you were getting paid, and that you did not pay your taxes. So, you win your worker's compensation case and get a few bucks, and then when IRS finds out about it, you go to jail and/or you pay some serious fines. You have a choice to make.
Answer Applies to: Michigan
Replied: 5/9/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You can and should pursue a workers comp action.
Answer Applies to: California
Replied: 5/9/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You can't have it both ways. You absolutely have a valid Workers' Compensation claim if you were a server and were injured on the job. If the building is owned by anyone other than your employer, you may have a premises action against that individual or entity. Your difficulty will be proving of your average weekly wage because there are no documents memorializing the amount that you earned. Make an appointment to see an attorney as soon as possible. Ideally, you would want to speak with an attorney who handles both Workers' Compensation and personal injury actions so that they could handle both claims for you as they need to be coordinated. Good luck.
Answer Applies to: Illinois
Replied: 5/8/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
You may be able to file a workers compensation claim. Normally, you cannot sue your employer but your exclusive remedy is workers comp.
Answer Applies to: South Carolina
Replied: 5/6/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Yes
    Answer Applies to: California
    Replied: 5/6/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    All property owners are responsible for keeping their property in reasonably safe condition. If the owner knew or should have known of a hazard and failed to take steps to correct it, even though he had time to do so, then he can be held legally liable for injuries that could foreseeably result. Of course, evidence for all of those factors will be required
    Answer Applies to: New York
    Replied: 5/6/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    The matter may well be pursuable.
    Answer Applies to: Michigan
    Replied: 5/6/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    You can file a claim against your employer under worker's compensation laws and you are protected whether you were paid cash or by check.
    Answer Applies to: California
    Replied: 5/6/2013
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    Yes you need to file a workers' compensation claim to sue your employer for a work-related injury.
    Answer Applies to: Georgia
    Replied: 5/6/2013
    Law Offices of George H. Shers | George H. Shers
    If you are an employee, no matter how you are paid, you are entitled to Workers' Compensation benefits, but that means you can not sue your employer unless the have no coverage.
    Answer Applies to: California
    Replied: 5/6/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Cant sue him but you can file a worker comp claim if you have a genuine injury
    Answer Applies to: North Carolina
    Replied: 5/6/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, but proving your lost wages is going to be a problem since you don't report them. Other issues will be whether you have a comp claim or a third party claim, or a combination. Talk with a lawyer familiar with both comp and accident law.
    Answer Applies to: Alabama
    Replied: 5/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most probably it is a workman's comp action, you can bring a suit but realize that both you and he are co-conspirators in any tax fraud and potentially other illegal activities.
    Answer Applies to: Michigan
    Replied: 5/6/2013
    Hone Law Firm
    Hone Law Firm | John S. Hone
    In Michigan, your exclusive remedy would be in Workers Compensation. How serious is your injury?
    Answer Applies to: Michigan
    Replied: 5/6/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If you were working as an employee and injured on the job, then you will be covered by State Industrial/Worker's Compensation in the State of Washington, and probably most other jurisdictions. Your employer under Washington law becomes personally liable for your injuries if he does not have you insured under the Workmen's Comp system. This poses a problem for your employer, but since he chose to cheat the system, he will have to bear the costs of his mistakes one way or another.
    Answer Applies to: Washington
    Replied: 5/6/2013
    Lawrence Kahn Law Group, P.S.
    Lawrence Kahn Law Group, P.S. | Lawrence Kahn
    The short answer is yes. You can sue him directly as there is no worker's' comp.
    Answer Applies to: Washington
    Replied: 5/6/2013
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