Company doesn't want to pay workers comp!

[tcordero]

What is the name of your state? NY

My father has been working as an electrician for a company for over 25 years. He has never applied for an electrician's license, although he is very experienced in what he does. He recently hurt his back on the job, and spent 2 days in the hospital. I most recently found out that as long as he has been working for this company, he has never received medical benefits to this very day. When he attempted to get worker's comp, the company said no, and instead, they will pay him an extra $200 a week if he doesn't report it. Apparently, he just found out that they had him listed as a carpenter, so if he applies for Worker's Comp as an electrician, he will not be entitled to it. Is there any legal way to get around this so that he may receive worker's comp. Is there any way to find out if his company has him listed working as a carpenter or electrician? Any help would be greatly appreciated, thanks.

 

[Beth3]

What does his being listed as a carpenter vs. an electrician have to do with this? That doesn't make any sense. An employer is obligated to provide WC insurance for ALL their employees (except in the very few States where the law allows an employer to waive providing WC coverage) - regardless of their job title.

I think your dad accepting $200 a week in lieu of filing a WC claim is a very bad deal. For all your dad knows, he could end up requiring surgery down the road and a couple of hundred bucks certainly is not going to cover his expenses - or even his two day hospital stay so far.

Tell your dad to inform his employer that he needs them to file a WC claim. If they refuse or he gets a run-around, he should contact his State's Worker's Compensation Division immediately.