Oklahoma Worker's Compensation - Help For Injured Oklahoma Workers

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  1. #1
    Join Date
    Sep 2008
    Location
    Oklahoma
    Posts
    40

    Default If You Work for Cash

    If you work a "Cash" job (nothing reported to gov) and you get hurt what can you do?

    (I don't but I know someone) It triggered my thinking and I want to know. God forbid anything happen but I KNOW it happens every single day in every single state.

  2. #2

    Default Re: If You Work for Cash

    My guess: That is a risk you take when you choose "not to be counted" among taxpayers.

  3. #3
    Join Date
    Sep 2008
    Location
    Oklahoma
    Posts
    40

    Thumbs up Re: If You Work for Cash

    It might not be something that you approve of but I would be SHOCKED if it was that simple. Millions work that way all over this country every single day. It could be a "2nd" job or primary employment or a little job someone wants to pay you a little cash to do.


    The org. post is asking about primary employment but it could I guess be like a part time evening job. Shoot I know several people that used to clean office/doctors offices in the evening and they work it on cash basis.

    What's the law say? If you work for "cash" and get hurt then is it took up in Comp Court or Civil Court?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: If You Work for Cash

    If you are working 'under the table' for cash, you are not an ''employee'', therefore you would not be eligible for WC benefits.

    On the other hand, and this would be an "IF"... the court could take the stance you are in fact an EE< and your ER is illegally uninsured.

    There is a whole world of crap you open with this type of situation.

    People who don't want to pay taxes..EE or ER, and work for cash... but when the time comes for there to be benefits...WC or UI, or SSA/SSDI, they run screaming ''not fair''....not right either... leaves the rest of us/taxpayers footing the bill... for everyting from food stamps to Medicade..welfare medical.

    If you work for "cash" and get hurt then is it took up in Comp Court or Civil Court?
    Take you choice... the first law you are breaking is not reporting your wages...the ER is guility of the same, AND the ER is perpretating a fraud on HIS WC carrier by not reporting those wages...comp premiums are based on a $100 of wages paid basis.

    What's the law say?
    The law says, in every state and federal... you work, the ER pays wages... you report your earned income, the ER reports the wages paid...including his portion of SSA/Medicare taxes...and state unemployment premiums.

    Happens every day... thats fine, it's illegal every day too..

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: If You Work for Cash

    whether you are paid above or below the table you are an employee and eligible for workers comp benefits.

    if the employer has coverage or not determines whether you can collect from the carrier or an uninsured employer fund or in some states thru civil action.

  6. #6
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,898

    Default Re: If You Work for Cash

    http://www.irs.gov/compliance/articl...180171,00.html


    The above link is to the IRS whistleblower program...

  7. #7
    Join Date
    Sep 2008
    Location
    Oklahoma
    Posts
    40

    Smile Re: If You Work for Cash

    I'll try and think of a hypothetical situation so maybe I can get a clear idea. I"M NOT IN THIS SITUATION!!!! You guys seem so offended by a question.

    Say you were a idk plumber and you do a side job for your employer (these type of things happen to and with working people, so some of you will not be able to relate) ok you're a plumber and you know Joe who owns JoeBlow plumbing company. He has to do a job in which he needs help with. He calls you up and says "hey I'll give $100 if you come help me for a few hours Saturday (before football starts of course). Then you go help Joe and slip on a pile of muck and get hurt.

    Joe, who is self employed and has no Work Comp insurance says ummm "I don't know dude" then what?

    OK OK OK I think I have a better hypothetical. Say BillyBob's moving company hired you to drive a truck. He has you put on his insurance for the moving truck. Your statis is it's your employed but you aren't....... okay leave the "how your paid" out of it.

    If the moving company had you put on their policy and you go out and have a wreck. What would happen then?

    If you're hurt would they say "no your workcomp" but there isn't any work comp because your pal/boss has 2 employees including himself. What happens then? Or if Billybob's Moving Company put you on their insurance and you never work, then out of the blue they called and said they needed you and then you had a accident. What would the insurance cover then? And, would they cover any of your injuries?

    I might be babbeling or carrying on but I want to know the answer without offending people. So, in all that mess, lol, if anyone reads this and knows what im getting at then please post.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: If You Work for Cash

    sounds like you want to know the difference between an independent contractor and an emplyee.
    often it's difficult to tell and has to be litigated
    each state has different definitions.
    this may help with oklahoma's
    http://www.workerscompensationok.com...y-minutes#toc7

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: If You Work for Cash

    WC insurance is not coverage for the EE/IW... the ER is covered to limit, or mitigate his financial exposure for industrial injury.
    When there is a work injury, by a employEE, the ER files a claim on HIS insurance policy to provide benefits.
    (If the ER is big enough, and financially stable, a bond can be posted with the state, and the ER pays all the benefits due out of pocket, There would be no IC involvement.) WC is not a 'benefit'', but a law that governs the benefits provided.

    For a work injury to be the liability of the ER and/or WC IC, the worker must be a ''employee'' of the ER, and meet the AOE/COE definition of a compensable claim. Arising Out of Employment and in the Course Of Employment. Meaning, you were at work, performing the duties of your job. (or other duties as assigned.)

    Regardless of what the state may define as IDC, The IRS has one that will supercede those...http://www.irs.gov/businesses/small/...=99921,00.html
    Facts that provide evidence of the degree of control and independence fall into three categories:

    Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
    Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
    Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
    Billybob helping out a guy down the street for 100 bucks is not an ''employee'', however... the owner of the property where the job is performed could be liable for injury under their Homeowners liability coverage.
    You could conceivably come up with 100 hypothetical situations, and each one a different outcome.
    For any claim, you have to define "employer'' then ''employee''.
    ie. I own a liquor store, I ask you to give me a price for sweeping the parking lot once a week. We agree on the $, use your own tools work at your own pace... you do job. You would be IDC. No comp coverage. Get you own.
    or...same as above, but I tell you to do this on Friday night, 4 hours, with a broom, not a vaccum etc. In that case, you would be a ''employee''... fully covered for injury/illness from minute clocked in. ER liable for injury.

    A Independant Contractor is self employed, works at his/'her own pace and does a job with prior agreement.
    Employee take direction from a immediate supervisor, the hours are defined, the ER provides the tools etc.

  10. #10
    Join Date
    Sep 2008
    Location
    Oklahoma
    Posts
    40

    Default Re: If You Work for Cash

    If you worked for a small trucking company and they had you on THEIR policy to drive THEIR company trucks. You work as "contract labor" and have a wreck or better yet say something happens and you fall off the truck. Work Comp would have nothing to do with it all right?

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