Q: We need to know our options.
Worker was paid cash, he fell off ladder and hurt himself. Went to the hospital he told them he was hurt at home ( this was about sept oct 2022). As a result of injury he can no longer work. What is the consequence of 1. turning into insurance now, 2. giving him some cash or 3 ?? I think he is looking to us to turn into insurance or give him some money. He has not paid into social security, or even I believe paid taxes on money he has earned working with us and others.
A: There may also be an issue of whether he was entitled to have you provide worker's compensation coverage. You probably thought that he was an independent contractor but the law may see it differently. Payment without any written settlement agreement and release could be bad for you later, if he decides to sue you. The fact that he was undocumented, did not pay taxes or social security and never reported income, does not protect you from his claim. You should talk to a personal injury attorney, particularly a defense PI attorney in your local area, right away.
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A:
If the worker decides to turn the injury into insurance now, the consequence could be that the insurance company may investigate the claim and may request information and documentation related to the injury, which could potentially expose any discrepancies or inconsistencies in the worker's statements.
If you decide to give him some cash without reporting the injury to insurance or authorities, you should be aware that this may not absolve you of potential legal responsibilities. Providing compensation outside of official channels could lead to complications if the worker's condition worsens or if he later decides to seek additional compensation or medical treatment.
In this situation, it is essential to consult with an attorney who can review the specific circumstances and advise on the best course of action. Addressing the situation properly and in compliance with California law is crucial to protect your interests and ensure legal compliance regarding the worker's injury and employment status. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
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