Construction sites often have workers that come and go and maybe even get paid under the table. These types of practices are not for the best (and often illegal) and can cause issues for workers who may become injured while working. If there is no proof of them working and they become hurt, is it still the responsibility of the business to provide workers' compensation?
In the Myrtle Beach area, a person was working for a construction company on the side and the set up was very similar to the situation presented above. They were not paid an official paycheck and worked off and on with the construction crew.
While working, the employee was not wearing a harness and fell off the roof of a home. The injuries were so severe, the worker was considered a trauma patient and remained in the hospital for an extended amount of time. The worker sustained a traumatic brain injury that left them unable to work, unable to talk, and unable to properly care for herself without a guardian. The client's mother had to quit her job to take care of the client full time.
The family of the worker contacted Myrtle Beach Workers' Compensation Attorney Dirk Derrick for help with the case. Once a claim was filed, the insurance company denied the claim.
They denied the claim saying the worker was not an employee and stated they had never been given a paycheck.
Workers' Comp Attorney Derrick and team began to investigate the accident and the client's work history with the company. While The Derrick Law Firm was unable to show proof of the client ever getting paid, depositions proved that the client was working for the company.
After many challenges associated with the case, The Derrick Law Firm was able to settle the case for $2.25 million while allowing the client to keep government benefits.
Workers' Compensation claims and laws are very challenging for those not educated in that field. Had an experienced workers' comp attorney not been involved in this case, the client's family may have given up and accepted the denied claim.
The Derrick Law Firm has focused on personal injury law for 30 years including workers' compensation cases. If you are hurt at work, contact the firm voted Best Attorney by the readers of the Horry Independent and the Myrtle Beach Herald at 843-248-7486.