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injury to my knee.


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#1 randy28

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Posted 29 December 2012 - 07:45 PM

I work as a bouncer in bar off the books and i was injured by a drunk person. I was trying to escort a person who was over served by the bartender out of the bar and he put little bit of resistance during this process. when i was taking him down the stairs he lost his balance and was fell down the stairs. when he fell he decided to grab me which made me fall right with him. i felt a pop on my knee and had to be taken to the hospital by a ambulance. when i spoke to a specialist the doctor said according to MRI i tore my acl, menescus, and damaged the bucket handle area of the knee. i had to have a emergency surgery because there was menescus caught in between bones which made my whole leg stiff. i do have a lawsuit going on against the drunk person but nothing agaist the bar. The owner of the bar thought i was just going tob let this go and never told his insurance company anything. Is there legal action i could take against the bar? i read the dram shop law which says nothing about not protecting the employees. It is not my fault bartender over served this guy and i found out that the guy was there before i even got to work and the same bartender kept serving him for over 6 hours.

#2 pg1067

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Posted 29 December 2012 - 07:57 PM

Generally, an employee's exclusive remedy against his employer for an on-the-job injury is workers' compensation.

#3 randy28

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Posted 29 December 2012 - 08:02 PM

i'am off the books so i'am really not a employee of the bar. The dram shop law am i covered by this because i had no control of how much this guy has been drinking

#4 pg1067

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Posted 29 December 2012 - 08:04 PM

i'am off the books so i'am really not a employee of the bar.


When you say you are "off the books," I assume that means that you and your employer are and have been committing tax fraud. While that's obviously a bad thing, it doesn't mean you're not an employee, and I'm not sure why you would think it does. Nor is it particularly relevant to my prior comment that your exclusive remedy is likely a workers' comp claim.


The dram shop law am i covered by this because i had no control of how much this guy has been drinking


Since you haven't identified your state or provided a citation to this law, I have no idea what it says or whether it might have any relevance to your situation.

#5 randy28

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Posted 29 December 2012 - 09:18 PM

ny state and the owner thought that i wasnt going to do any thing. i have to pay rent which i can't do, i have to attend school but i can't even drive for next month and half. he does not want to give workers comp thats for sure. on top of everything the pain i had to deal with for last month and half was really bad.

#6 adjusterjack

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Posted 30 December 2012 - 08:15 PM

I agree with PG1067 that you were still an employee even though you were paid off the books.

The dram shop liability law doesn't likely apply to you because you weren't the one that was being served alcoholic beverages to excess.

Since the employer is not cooperating with you for the workers compensation insurance claim, I strongly suggest that you contact the NY Workers' Compensation Board and file a claim.

You can get more information at:

http://www.wcb.ny.go...ers/Workers.jsp

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 pg1067

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Posted 30 December 2012 - 09:57 PM

What he said.

#8 Tax_Counsel

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Posted 01 January 2013 - 11:26 AM

I agree with PG1067 that you were still an employee even though you were paid off the books.

The dram shop liability law doesn't likely apply to you because you weren't the one that was being served alcoholic beverages to excess.

Since the employer is not cooperating with you for the workers compensation insurance claim, I strongly suggest that you contact the NY Workers' Compensation Board and file a claim.

You can get more information at:

http://www.wcb.ny.go...ers/Workers.jsp


I agree that being paid "off the books" doesn't affect whether you are an employee or not. You almost certainly were an employee, not an independent contractor. Being paid off the books may mean, however, that the employer didn't pay the workman’s comp premiums for you. What effect that may have on your workman's comp claims, I don't know as I'm not familiar with NY workman's comp rules.

Making the claim may bring out the fact that you've been working under the table. In turn, that may put you in the sights of the IRS and NY state revenue department for any income taxes that you have failed to pay on the income you've been earning. Note that the there is no statute of limitations for the IRS to pursue you when no return for the year has been filed or when you've committed tax fraud. Whatever you do on the workman's comp issue, you should consult a tax professional (enrolled agent, CPA, or tax attorney) about filing accurate returns for any year you've not filed to keep your penalties as low as possible and avoid the prospect of any criminal tax prosecution.

#9 Guest_FindLaw_Amir_*

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Posted 02 January 2013 - 11:59 AM

To learn more about Workers' Compensation, you may wish to visit the Accidents and Injures Center: Workers' Compensation and read What Types of Injuries are Compensable Under Workers' Compensation as a good resource.

#10 randy28

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Posted 12 January 2013 - 07:05 AM

Does anyone know how long the employer has to report a injury to their insurance company in ny? if he failed to report it in that time limit would the insurance company deny my workers comp?




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