Yes, You Have A Right To Workers' Compensation When You Work For Family
Posted on: 30 July 2020
When your family member asked you to work for their business, you said yes without hesitation. After all, family members are understanding, fair, and trustworthy, so there is no need to worry, right? Unfortunately, if you were injured while on the job, you may have learned rather quickly that family is family, but business is something entirely different. Family or not, it might be the right time to speak with a workers' compensation attorney.
Using the Relationship as Leverage
A common situation that people in your position find themselves in is an instance when the family member that owns the business will try to sway the injured worker from filing a claim. In these instances, there is often a promise that they will take care of you so there is no need to make this situation into a legal one.
Employers are forbidden from trying to deter an injured worker from filing a claim for their own benefit, and in the case of this type of situation, these family members are in direct violation of this rule. Do not let anyone try to use your relationship with them as a way of deterring you from exercising your legal right.
Expenses Will Not Go Away
The family member that you work for pays you a wage. With these earnings, you do everything from paying your mortgage to buying groceries. If you are injured and you are unable to work for a period, these expenses will not go away.
Not only will you have these everyday costs that you continue to be responsible for, but you will also incur extra costs in the form of medical expenses, which can add up. If you are unable to work, you deserve to be compensated so that you can meet your existing obligations as well as any new ones that are introduced as a result of your injuries.
Settlements Under the Guidelines of the Law
Unfortunately, it is not unheard of for a family member to offer their injured family member payment in place of filing a workers' compensation claim. However, the biggest problem with this scenario is that the injured worker often ends up on the bad side of the deal.
Every state has guidelines by which workers' compensation claims must be paid, so if you accept money from your family member, it is highly likely that they did not follow this guideline, and you were instead under-compensated for your needs and what you deserve.
If you have found yourself in this unique situation, do not hesitate to contact a workers compensation lawyer to ensure your injury is taken seriously and handled appropriately.
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