Roofer hurt on job - paid cash no taxes

[gah2000]

My son is a roofer. He was doing a job for his boss who pays him cash along with two other employees. His boss had no license or worker's comp. My son was using his bosses tools and was told by his boss the hours and days he would work. My son was using his boss's circular saw when it kicked backward and cut through my son's big toe vertically through the shoe, sock and the bone of the toe. He had to have surgery and was in the hospital for 4 days. Since his boss didn't have worker's comp or even a license, can my son file a claim on the homeowner? If anyone knows who would be responsible and how my son could get these huge hospital and doctor bills paid, please share your advice. Thanks

 

[justalayman]

first, he needs to understand this is why a person should not work illegally.

what state this is in is important. You deleted the question for some reason.

 

[TinkerBelleLuvr]

My son is a roofer. He was doing a job for his boss who pays him cash along with two other employees. His boss had no license or worker's comp. My son was using his bosses tools and was told by his boss the hours and days he would work. My son was using his boss's circular saw when it kicked backward and cut through my son's big toe vertically through the shoe, sock and the bone of the toe. He had to have surgery and was in the hospital for 4 days. Since his boss didn't have worker's comp or even a license, can my son file a claim on the homeowner? If anyone knows who would be responsible and how my son could get these huge hospital and doctor bills paid, please share your advice. Thanks

US law only.

 

[cyjeff]

Just to make sure I understand this.

Because your son was working under the table for a boss operating an illegal business, you are wondering if your son can sue the only innocent party for the damages?

 

[TinkerBelleLuvr]

Homeowner should have checked if the roofer was licensed, along with whether they had worker's comp.

 

[gah2000]

Just to make sure I understand this.

Because your son was working under the table for a boss operating an illegal business, you are wondering if your son can sue the only innocent party for the damages?

My son is not an illegal alien if that is what some are suggesting and he is not a Mexican. He was working in Michigan. I think the one person who posted that the homeowner is supposed to check to see if the company they hire is licensed and insured. That is why I am thinking that the homeowners insurance would get involved and go after my son's boss who he hired to do this job. My son's boss refuses to talk to the homeowner at all about this so I am wondering if my son can ask them to file a claim and then the homeowners would investigate this to find that his boss is operating his business illegally.

 

[TinkerBelleLuvr]

cyjeff said the OPERATOR of the business was running an ILLEGAL business if he failed to pay employer taxes and have workers' comp insurance.

 

[gah2000]

cyjeff said the OPERATOR of the business was running an ILLEGAL business if he failed to pay employer taxes and have workers' comp insurance.

So...are you saying that because he was operating the business illegally, even though he had a contract with this homeowner, the homeowner's insurance would not be involved? Are you saying that my son can not legally expect his boss nor the homeowner's insurance to cover his hospital bills?

 

[cyjeff]

So...are you saying that because he was operating the business illegally, even though he had a contract with this homeowner, the homeowner's insurance would not be involved? Are you saying that my son can not legally expect his boss nor the homeowner's insurance to cover his hospital bills?

We have said nothing of the sort.

We are saying that your son's primary case is with his boss... however, this will not only cause his OWN employment (and the taxes unpaid) to be brought into light, but will also have his former employer in a huge issue.

The homeowner's insurance company will bring so much legal strength to bear that your son will actually develop a sun burn from all that heat.

 

[TinkerBelleLuvr]

Chances are that your son will have to sue BOTH parties.

 

[cyjeff]

We also don't know if the homeowner was told, verbally or in writing, that the workers WERE insured and bonded.

 

[gah2000]

We have said nothing of the sort.

We are saying that your son's primary case is with his boss... however, this will not only cause his OWN employment (and the taxes unpaid) to be brought into light, but will also have his former employer in a huge issue.

The homeowner's insurance company will bring so much legal strength to bear that your son will actually develop a sun burn from all that heat.

But the alternative is that my son is stuck with the bills and possible long term consequences medically and financially. So what I am asking here, since the boss refuses to contact the homeowner, is the homeowner obligated to file a claim if my son contacts him? Obviously the work relationship is over anyway and My son only made less than $200 so the tax consequences are not that great to him. However I do know that the employer will be in big trouble for not being licensed and not having been insured. Originally he lied to my son and told him that he was licensed and insured.

 

[justalayman]

=gah2000;2619019]My son is not an illegal alien if that is what some are suggesting and he is not a Mexican.

where did you ever come up with that?

Your son's boss is required to be licensed by the state. He is required to carry WC insurance. He is required to file and pay the appropriate paperwork and taxes as the operator of a business.

Your son is required to file an estimated tax filing and submit the calculated taxes four times per year.

That is what the law requires. If the laws are not being followed, it would mean the parties are acting illegally.

How you got from there to somebody inferring your son is a Mexican or an illegal alien, I have no idea.

 

[cyjeff]

But the alternative is that my son is stuck with the bills and possible long term consequences medically and financially.

That was the chance he assumed when he decided to work under the table.

So what I am asking here, since the boss refuses to contact the homeowner, is the homeowner obligated to file a claim if my son contacts him?

Not obligated... but most would. That is why you have insurance.

Obviously the work relationship is over anyway and My son only made less than $200 so the tax consequences are not that great to him.

But the other consequences are...

However I do know that the employer will be in big trouble for not being licensed and not having been insured. Originally he lied to my son and told him that he was licensed and insured.

Which is why your son's case starts with his former employer.

 

[TinkerBelleLuvr]

did the owner of the roofing company consider your son a sub-contractor or an employee? he also needs to check with the local city hall, etc. We have laws that require that all construction must be by licensed folks; don't know if the same rule applies to your area, but it's worth investigation.