Cash payments can make a workplace accident harder to document. In New York, missing payroll records can complicate proof of employment and wages, but informal pay does not automatically prevent you from seeking benefits.
Why cash pay does not end the claim
New York employers generally must carry workers’ compensation coverage for employees. This coverage can pay for medical treatment and part of your lost wages after an injury that arises out of and in the course of employment.
If a contractor paid you in cash, the employer or insurance carrier may dispute your job status or deny that you worked on the project. They may also argue that you were an independent contractor rather than an employee. However, the facts of the working relationship usually determine your status, including who controlled your schedule, assigned your tasks, supplied your tools and directed how you performed the work.
What proof can help support your case
When official payroll records are missing, other details may help show that you worked at the site and suffered an injury there. Useful proof may include:
- Text messages about your schedule, pay rate or job location
- Photos of you at the construction site
- Names and contact information for coworkers who saw you working
- Sign-in sheets, delivery logs or site access records
- Medical records that explain when, where and how the injury happened
You should report the injury to your supervisor as soon as possible. In New York, you usually must give written notice within 30 days. Missing that deadline can jeopardize your benefits unless the Workers’ Compensation Board excuses the delay. You may also file an Employee Claim, or Form C-3, with the Workers’ Compensation Board, generally within two years of the accident.
When other construction laws may matter
Workers’ compensation is not the only issue after every job site accident. New York Labor Law Section 240 applies to certain elevation-related hazards, such as falls or falling objects. Section 241 addresses safety requirements; these laws may allow for personal injury claims involving pain and suffering, which workers’ compensation does not cover.
Even if the contractor paid you in cash, you may still have a personal injury claim against third parties that created or allowed unsafe site conditions. A legal professional can help clarify which options may apply and which details may need closer review.