What can I do if I was injured on the job and my boss does not want to pay me for it? 28 Answers as of July 08, 2013

I was working out of town, and I developed a staff infection in my knee. I have been unable to work for the remainder of the time. I have been out of town for work. Before I left, my boss and I agreed on a certain amount I would get paid for the job. Since I was unable to work my boss now does not want to pay me what we agreed on. I'm also going to have to spend more time in the hospital when I return home. Is there any compensation I can receive for lost wages, them not wanting to pay, and medical bills?

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You should file a workers' compensation claim and after three days of being off of work with a doctor's excuse it will be covered under insurance and you will be paid work comp weekly benefits. If the doctor keeps you off of work for 10 days, then they will make up the first three days off of work.
Answer Applies to: Iowa
Replied: 10/24/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
If the staff infection resulted from an accident at work, you can file a workers compensation claim. You can also sue the employer for failure to pay wages.
Answer Applies to: South Carolina
Replied: 10/24/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
File a workers compensation claim.
Answer Applies to: California
Replied: 10/20/2011
Law Office of Neil M. Kerstein
Law Office of Neil M. Kerstein | Neil M. Kerstein
If you were injured on the job, you may be eligible for Workers Compensation. If your knee infection was not job related, you may be out of luck. I would advise that you seek consultation with an attorney.
Answer Applies to: Massachusetts
Replied: 10/20/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
You should consult with or retain a worker's compensation attorney for specific legal advice and direction at your earlest convenience.
Answer Applies to: Indiana
Replied: 10/20/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    It is not clear to me how you received the infection. It must be related to your work.
    Answer Applies to: Alabama
    Replied: 7/8/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    You've got a worker's compensation claim. Your employer must have worker's compensation insurance. Worker's compensation will cover your medical and wage loss to some degree. Also, if you are disabled for a period of time, you may be entitled to short term disability. Go see a worker's compensation attorney, you need to file a claim yesterday.
    Answer Applies to: New York
    Replied: 10/20/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You were to be paid "for the job". You did not do the job. Why do you think you are owed anything by the boss. You said you were "injured on the job" but later said you developed a staph infection on the knee. Those 2 statements seem different. If you were hurt "on the job" you should have a worker comp claim. If your boss will not pay you for an injury you received in the course and scope of your employment you may call or write the NC Industrial Commission in Raleigh and ask them to send a notice form 18 for you to fill out and file with them. They will take it from there. Always notify your boss and the insurance company if there is one known to you.
    Answer Applies to: North Carolina
    Replied: 10/20/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Insist that your boss turn this in to his workers' compensation insurer; that is what workers comp is for.
    Answer Applies to: Florida
    Replied: 10/20/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    File a worker's compensation claim. If they deny, appeal.
    Answer Applies to: New York
    Replied: 10/20/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    File a claim for workers compensation.
    Answer Applies to: Michigan
    Replied: 10/20/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    Make a claim against your employer's worker's compensation insurance company. If you are injured on the job then the insurance company will have to pay for a portion of your lost wages as well as pay your medical expenses. You will have to go to the doctors the insurance company approves.
    Answer Applies to: Indiana
    Replied: 10/20/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Worker's Compensation may be available if your boss is a subscriber. If he is not he may be responsible for the bills and lost wages if it is a job related injury.
    Answer Applies to: Texas
    Replied: 10/20/2011
    The Carlile Law Firm, LLP
    The Carlile Law Firm, LLP | D. Scott Carlile
    If your employer carries worker's compensation insurance and your injury occurred in the course and scope of your employment then you have a right to file a worker's compensation claim. The worker's compensation carrier then will be required to pay for your medical and lost wages. If your employer does not carry worker's compensation insurance, then you may file a lawsuit against your employer.
    Answer Applies to: Texas
    Replied: 10/20/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You can apply for NYS and any private disability that you may have.
    Answer Applies to: New York
    Replied: 10/20/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You have to be able to prove your work activity was the cause of the infection.
    Answer Applies to: Montana
    Replied: 10/20/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Compensation for on-the-job injuries comes from the Washington State Department of Labor & Industries. You can start your claim on their website.
    Answer Applies to: Washington
    Replied: 10/19/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Absolutely. Under Missouri work comp rules, your employer is required to pay for all of your medical treatment (although they get to choose the doctors and they pay the doctors directly), pay you 2/3 of your lost wages while you miss work, and if there is any left-over permanent injury after you are done treating they have to pay you for that. If they are disputing the claim, you will likely have to hire an attorney. The good news is that these are contingency fee cases (we get paid out of the settlement), so you don't have to come up with money to hire someone.
    Answer Applies to: Missouri
    Replied: 10/19/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    You may have a workers compensation claim worth pursuing.
    Answer Applies to: Massachusetts
    Replied: 10/19/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    If the staff infection is related to your job, then you have a claim for worker's compensation benefits. If your employer has 3 or more employees, they are required to have worker's compensation insurance. Pursuant to that coverage, you are entitled to payment of your medical bills and weekly benefits once you have been out of work for a certain period of time. Your employer should post in a conspicuous location at your place of employment a panel of physicians that you can go to for treatment. If your employer will not provide you with a panel of physicians that you can see, then you are entitled to choose your own physician. All of this depends upon whether or not your employer has 3 or more employees.
    Answer Applies to: Georgia
    Replied: 10/19/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Your medical bills and lost wages are covered by workers comp. The failure to pay wages is a labor board claim. You are also entitled to penalties equal to one days wages for each day wages are unpaid, up to 30 days.
    Answer Applies to: California
    Replied: 10/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You will have to prove the injury arose in the course of your employment for there to be a workers compensation claim. Your doctor would have to reach that conclusion.
    Answer Applies to: Connecticut
    Replied: 10/19/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Provided that your employer has workers compensation insurance, and you are an employee and not an independent contractor, you should speak with a work comp attorney regarding your rights.
    Answer Applies to: California
    Replied: 10/19/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Contact an employment lawyer. It could be covered by worker's compensation.
    Answer Applies to: Massachusetts
    Replied: 10/19/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    If you were injured on the job, your only recourse is through workers compensation. If the injury is not work-related you won't be able to make a workers comp claim.
    Answer Applies to: Utah
    Replied: 10/19/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You are entitled to worker's compensation benefits including lost wages and medical care. Feel free to contact me and I can refer you to a worker's compensation attorney.
    Answer Applies to: New York
    Replied: 10/19/2011
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