Workers Compensation. My brother fell off of a scissor lift at work last week. He fractured his elbow and was referred to a specialist.?

Question

He did not file a claim for workers compensation during his emergency room visit, because his boss told him, " If you file a claim with BWC, it will put me out of business". Reason being...the man cheats on his taxes, doesn t pay into worker s compensation, and doesn t pay into unemployment. He also doesn t provide medical insurance for his workers, and issues a 1099 to all of his employees every year.  My brother is worried about how he will survive while he is out of work, and I am concerned that he will develop a permanent disability, since he fractured his elbow.  Should he pursue legal counsel and sue?  Could he still file a claim at this point? If his boss were to go out of business would he and his fellow employees have a case against him?  His main priority is survival since he already barely gets by on the low wages he is being paid, but then there is the chance of permanent disability and of course justice.  I welcome any thoughts on this as its a very complicated situation. My brother has no college degree or other job related skills outside of his current position.  He also lacks interview skills.

Anonymous · Accepted Answer

He can still file a claim and should.  The boss is responsible, and his illegal decisions should not be a factor for your brother.  The Department of Labor can probably help you as well.

Jimmy C · Answer

He should file a WCB claim immediately and go back and tell the emergency room the accident was at work. They must have asked him how he did it. I hope he didn't lie to them. 
If the boss cheats on his taxes, that is his problem, not your brother's.
It is definitely worth going ahead with the WCB claim, because he will get compensation.
It is only worth suing if the accident was caused by negligence on the part of the employer. If your brother simply slipped and fell, that is an accident and cannot be blamed on the company. He would lose in court, and have to pay costs for the case.

Them · Answer

Then that boss better pay every cent of his medical bills....  make that real clear to your brother.  If the boss doesn't pay EVERYTHING up front and right away, then have your brother file a claim with workman's compensation - and I suppose he should do that anyway just to put the boss out of business.

We have workman's compensation just for this reason.  But if your brother wants to play NICE GUY, then have him confront the boss with this choice.  The boss will also pay down time, lost wages, pay for the operation on the elbow and for physical therapy as long as it's needed.

His boss might decide to go legit.

? · Answer

Your brother should file for worker's compensation if he wants to be compensated while injured. But he may of course loose his job in the process. Otherwise, he can just let it go and keep his job. The better choice is of course the former but it's his choice in the end.

For more work or career related tips, read posts from this blog from career and salary research site called PayScale, http://bitly.com/1omMNdz .

STEVEN F · Answer

If what you say is true, the situation is NOT even remotely complicated.  The employer is breaking every law he knows about.  The ONLY way your brother has a chance at compensation is to report the employer's violations, and sue them into oblivion.

Archer · Answer

Wave your rights, don't hold your employer responsible and who's fault will it be when you don't receive compensation.

Anonymous · Answer

Then your brother really has no logical alternative other than to put the worthless scumbag out of business, does he?

Slickterp · Answer

He can't sue, he has to file for WC first,

Anonymous · Answer

seems it'd be worth a lot  to  stay in biz.

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Workers Compensation. My brother fell off of a scissor lift at work last week. He fractured his elbow and was referred to a specialist.?

9 Answers