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Essex29
01-12-2006, 01:21 PM
What happens if you get hurt on the job and you are an independent contractor?
My buddy is a stereo installer and he had a piece of plastic shoot back and sliced his thumb doen to the bone including all the tendons and ligaments.
The shop says he is not covered because he is an independent contractor. Is this true?

XTRM22
01-12-2006, 01:25 PM
That's how I understand it, that's part of the reason for using independants like that, it saves the company on workmans comp. It can be a grey area depending on the company he works for.
Chuck

Mrs. Bordsmnj
01-12-2006, 01:27 PM
I think we cover our independant contractors under our W/C policy. They have to have their own liability insurance though.

pixilatedpussy
01-12-2006, 01:39 PM
What happens if you get hurt on the job and you are an independent contractor?
My buddy is a stereo installer and he had a piece of plastic shoot back and sliced his thumb doen to the bone including all the tendons and ligaments.
The shop says he is not covered because he is an independent contractor. Is this true?
Yes sweets it is very very true.
We have glass installers & airbag installers...all of which are outside contractors...come in & they are doing so at their own risk.
Sorry hun, part of the job.
Workmans Comp. only applies to employees.

YeLLowBoaT
01-12-2006, 01:56 PM
Isn't there some expections that can change that.... IE using your tools...One of those things... you don't use the info you forget it...

THATJEFFGUY
01-12-2006, 02:48 PM
What happens if you get hurt on the job and you are an independent contractor?
My buddy is a stereo installer and he had a piece of plastic shoot back and sliced his thumb doen to the bone including all the tendons and ligaments.
The shop says he is not covered because he is an independent contractor. Is this true?
A few questions to answer to determine whether he REALLY is a subcontractor or not...
Does he use his own tools, or are they provided for him ?
Is he told what time to come in and what time to leave the job site ?
Is he instructed exactly what to do while on the job ?
Does the shop use more than one "subcontractor" ?

TRIMM MANN
01-12-2006, 03:03 PM
Any shop I do work for makes me prove I have liability insurance before they let me do any work. I think it's a minimum 2 million dollar policy.
That's how they protect themselves.

Essex29
01-12-2006, 03:32 PM
A few questions to answer to determine whether he REALLY is a subcontractor or not...
Does he use his own tools, or are they provided for him ?
Is he told what time to come in and what time to leave the job site ?
Is he instructed exactly what to do while on the job ?
Does the shop use more than one "subcontractor" ?
He has a schedule and is instructed what to do
Is paid by company check
Technically he is supposed to use his own tools, but the one that did the damage was theirs(table saw)
thanks

h2oski2fast
01-12-2006, 05:51 PM
What happens if you get hurt on the job and you are an independent contractor?
My buddy is a stereo installer and he had a piece of plastic shoot back and sliced his thumb doen to the bone including all the tendons and ligaments.
The shop says he is not covered because he is an independent contractor. Is this true?
IF he has a set schedule and reports to the same place everyday, the shop is still liable. If they refuse, he can always contact the labor board.

Howie Feltersnatch
01-12-2006, 06:41 PM
Yup. Been down this road before - not injury related though. If they show up at the same place at the same time every day and do the same job as directed by the company, they are an employee. Trying to skate out on the rules by telling shops or office fulls of employees they are independent contractors is severly frowned upon by the IRS (among many others).

Essex29
01-12-2006, 06:49 PM
He is not an independant contractor. If he's serious, tell him to hire an attorney. He's an employee that is being dressed up like an independant contractor. The State Labor Board should be very interested in that business's lame attempt to circumvent the Worker's Comp requirement and, likely, associated taxes.
That's what I was thinking...thanks for all the help! :)

haulina29
01-12-2006, 07:48 PM
That tax free paycheck was all good until he got hurt ? Sack up be a man wrap it up in duct and get back to work for christ sakes, Any independent that worked for me and got hurt and tried to collect the first place I would go is the IRS and see how the he filed his tax return , Guys like this always file as as contractor with full business deducts and whine like hell when they get hurt .

Essex29
01-12-2006, 07:58 PM
That tax free paycheck was all good until he got hurt ? Sack up be a man wrap it up in duct and get back to work for christ sakes, Any independent that worked for me and got hurt and tried to collect the first place I would go is the IRS and see how the he filed his tax return , Guys like this always file as as contractor with full business deducts and whine like hell when they get hurt .
Easy big guy...he actually does pay taxes on the money he makes...

haulina29
01-12-2006, 08:02 PM
Easy turbo and read what I said . Does he pay as a contractor ? he would have to so what does that make him that was my point.

THATJEFFGUY
01-12-2006, 08:38 PM
He has a schedule and is instructed what to do
Is paid by company check
Technically he is supposed to use his own tools, but the one that did the damage was theirs(table saw)
thanks
Based on that...he would be considered an employee.