I AM ALSO PAID AS A SUB CONTRACTOR EVEN THOUGH I GET PAID BY THE HOUR.
2006-12-07 21:46:23 · 6 answers · asked by joseph6902000 2 in Business & Finance ➔ Insurance
It depends on your state laws, but GENERALLY, an uninsured sub can collect on workers comp, going up the line, from the guy that contracted to you, and ending up with the general contractor, and even the property owner. But in order to "travel up the line" you'll probably need a laywer (and I almost NEVER recommend a lawyer).
Keep in mind, if you get paid by the hour, you might NOT really be a subcontractor - you might want to check out the IRS laws on contractors vs. employees - a LOT of construction guys want to get around paying wc for employees, so pay them by the hour and call them subs . . . but if you do NOT have your own liability insurance, and you get more than 40% of your annual income from this one guy, he tells you when to show up and what to do and how to do it, he's your employer. That makes HIM responsible for injuries, even if he doesn't have comp.
2006-12-08 01:26:50 · answer #1 · answered by Anonymous 7 · 1⤊ 0⤋
Your boss, the sub contractor, is not compensating you as an employee, my guess would be you are not covered by insurance.
If your boss has a brain, he would voluntarily pay your medical bills. If he is like most, he won't.
As a "sub-contractor" you are supposed to carry your own insurance.
If you got hurt, and had to sue for your boss to cover the injury, your boss could be in for a world of hurt. If the IRS gets wind of it, they will want all your back pay withheld on and taxed, and unemployment and workers comp paid too.
Working as a "sub-contractor" is running a risk for both you and your boss if you do not have your own insurance.
Good Luck
2006-12-07 21:56:21 · answer #2 · answered by Gem 7 · 1⤊ 0⤋
If the company you work for is smart they would have obtained a workman's compensation insurance policy and you would be paid under that insurance.However I doubt that is the case because he is going to say you are a subcontractor not an employee and you should have bought your own worker's compensation insurance.
The best advice is to contact a labor law attorney and see if there is any way to get at your employer. If the attorney can prove you are really an employee then the company you work for could be held liable.
2006-12-07 22:33:44 · answer #3 · answered by waggy_33 6 · 1⤊ 0⤋
Sub-contractor status means the answer is no. You are your own boss being hired by his (the contractor) company. That means you get no benefits as if you were his employee. With risk comes reward, and it seems in your case...in that very order.
Where is your health insurance?
2006-12-07 23:01:47 · answer #4 · answered by dm_dragons 5 · 1⤊ 0⤋
get a lawyer I got a friend who got hurt at work and he was able to get his compensation. and he was a subcontractor he will better explain to you. But dont talk to the insurance before you see a lawyer
2006-12-07 21:50:17 · answer #5 · answered by Anonymous · 1⤊ 0⤋
WORKMANS COMP DUDE HE MUST HAVE IT TO HIRE EMPLOEES IF NOT HE IS IN VIOLATION OF THE LAW
2006-12-07 22:56:24 · answer #6 · answered by dustin w 1 · 1⤊ 0⤋