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Northwest OH Legal Blog

Tuesday, November 28, 2017

Collecting Workers' Compensation When You're Paid Under the Table

A frequent question we get regarding Workers’ Compensation claims is whether an Injured Worker can receive benefits if they are “paid under the table.” Being paid under the table generally means that a worker is being paid cash for his or her work, not receiving a paycheck that takes out tax deductions. Employees should know that this does not prevent them from filing for Workers’ Compensation.

To paraphrase the applicable statute, employees who are hurt at work, because of their work, are eligible to receive Workers’ Compensation benefits. In determining whether someone is an employee, it makes no difference how he or she is getting paid. Except for special circumstances which will not be discussed in this post, the basic question in most cases is whether the employee was working for the benefit of the employer when hurt.

Another related concern is whether the employer has Workers’ Compensation insurance, a valid concern of getting paid under the table. Each employer in the state is required to either contribute to the State Workers’ Compensation fund or purchase its own policy as a self-insured employer. However, the BWC still must compensate injured workers regardless of whether insurance is purchased. It will then take action against the employer as necessary.

The main concern with getting paid under the table is whether there is an accurate record of the Injured Workers’ wages to set the rate for disability payments. Any employee who his being paid under the table should keep track of his or her hours, and amounts paid. This will also help if other problems arise, such as wage and hour or discrimination violations.

As always, if you would like to discuss your Workers’ Compensation case, call (419) 535-0075 for a free consultation. 


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With an office located in Toledo , OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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