Q: if my employer falsifies my occupation on workers comp insurance am I still covered if I'm injured?
It recently came to my attention that I am being listed as a salesman for my company by one of the co-owners of my construction company. I am a lead carpenter and find myself in much more hazardous situations than a salesman would be. If I am hurt on the job, I fear I would come under scrutiny and possibly not be covered. I have confronted said co-owner, and he only levels threats back me. Do I have any recourse? The other co-owner had no knowledge of this fraud until I told him. I was told by misclassifying my status the company would save $12,000/year and that I should keep my mouth shut and if anyone came asking, to say 'I'm in sales'. I'm fearful that it could cause trouble for his partner and do not desire to cause him grief. I'm also upset to be put into such a position.
A: You may have recourse, however based on the limited facts presented, it does not seem that you have suffered any damages as a result of the alleged misrepresentation. Now if you were injured on the job and were denied coverage based on a material misrepresentation made by your employer, you may have a cause of action. If the former is the case, then I would recommend organizing all information and evidence you have regarding this situation, and consult with an attorney individually to explore your options moving forward.
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