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Old 08-09-2010, 11:49 AM   #1
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Unhappy Workman's Comp question....

Anyone here with a crew go without Workmans Comp?

Just found out today that the contractor I work for doesnt have it after He told me he did.

Should I hit the road if you were me?
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Old 08-09-2010, 12:02 PM   #2
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Ummm, should have comp...is he a legit business?
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Old 08-09-2010, 12:14 PM   #3
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does he hold out taxes ?
Odds are if he doesnt have workmans comp on you then his liabilty policy will not cover anything you do either. If he is giving you a 1099 then he has you listed as a sub, and even though doing things this way is illegal, as a sub you will have to have all your own insurance policies.
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Old 08-09-2010, 12:23 PM   #4
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Originally Posted by ModernStyle View Post
does he hold out taxes ?
Odds are if he doesnt have workmans comp on you then his liabilty policy will not cover anything you do either. If he is giving you a 1099 then he has you listed as a sub, and even though doing things this way is illegal, as a sub you will have to have all your own insurance policies.

No I am an employee of his LLC.
Federal and local taxes are held each week.

I am not on a 1099.
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Old 08-09-2010, 01:18 PM   #5
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Then he has to have workmans comp, if he doesnt then call the local labor department.
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Old 08-09-2010, 01:23 PM   #6
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He told you he did. Did he tell you he didn't?
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Old 08-09-2010, 01:39 PM   #7
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I'd make sure he is making payroll deposits. Nothing worse than having taxes with held that aren't being paid out. If he lied about one thing... then again, if you aren't covered by worker's comp and you have an accident, you can sue for neglegence. You get more money that way.

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Old 08-09-2010, 01:48 PM   #8
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Quote:
Originally Posted by samk069 View Post
then again, if you aren't covered by worker's comp and you have an accident, you can sue for neglegence. You get more money that way.
Chances are if he doesnt have comp...its because he cant afford it. So a collecting off of a law suit might not work
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Old 08-09-2010, 02:29 PM   #9
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The way it works in Canada (Nova Scotia):

If your crew has < 3 guys working at one time, you are not required to carry Workers Compensation.

Definition of workers: Anyone getting paid by you to service, this includes employees and subs.

If your General Contractor, or Employer does not carry workers compensation the site where you got hurt is liable.

So, as an example:

If I did not advertise workers compensation, and had a small crew (1-2 people), and was hired by a family to paint their home, and my guys got hurt, the homeowner is actually liable.

Homeowners can pay a premium to have workers comp on their workers while they are there if they do not have coverage. It is obviously very important to ask for a clearance letter by the contractor BEFORE getting them to perform work, as seen above, they are liable.

I use this as an example, -this is the way it works where I am, and yes I do pay for workers compensation (~5% premium). It is the only way we can pick up large commercial clients, because it is one of the first things they ask.

Hopefully you get it figured out, you should give the rep in your area a call and have a chat. Good luck!
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Old 08-09-2010, 02:29 PM   #10
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In my state (Calif) You are still covered. When you file a claim you will be filing with the Employment Development Department. www.edd.ca.gov/
After you file a injury, they will find out your employer does not carry wc, he's looking at fines and suspension of his lic. EDD would still cover you and bill the employer. Because it is still his responsibility.
I'm assuming most other states are similar.
As the above said check and see if he is paying his/your tax's, and unemployment insurance. If not, they will hit him with back tax's and fines, and you would be expected to pay back taxes and subject to fines. If he is paying you under the table, you can count on the fines. Because that is your responsibility. Unless he was holding the money back and was keeping the money. If that was the case he would probably be going to jail. Most this gets found out when past employees go to collect their unemployment and there is none to collect.
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Old 08-09-2010, 05:25 PM   #11
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This a good reason to put your location in your profile, lots of good advice from the guys, but you need to check your local rules, click here.

I did not see it on that site, but if you register, and log in, you may be able to search the database for your employer. My state has a link where it can be verified.
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Old 08-09-2010, 06:02 PM   #12
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The responsibility would also fall onto the acting GC or property owner. If you got injured on a job and your employer did not carry WC. Basically everyone gonna get hosed. This is why a HO or GC should require proof of WC. I commend a HO every time they request it. Most the time they are scared to ask.
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Old 08-09-2010, 06:55 PM   #13
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Quote:
Originally Posted by ewingpainting.net View Post
The responsibility would also fall onto the acting GC or property owner. If you got injured on a job and your employer did not carry WC. Basically everyone gonna get hosed. This is why a HO or GC should require proof of WC. I commend a HO every time they request it. Most the time they are scared to ask.

That's what I was referring to. Worker's Comp in most states is just a blanket policy to shield the business and property owners from being sued ie: if you are injured on the job, you can't go suing the homeowner or GC. But if you don't have the restrictions placed on you by being covered by a worker's comp policy- you can sue everybody!
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Old 08-09-2010, 07:01 PM   #14
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Quote:
Originally Posted by stlpainter View Post
Anyone here with a crew go without Workmans Comp?

Just found out today that the contractor I work for doesnt have it after He told me he did.

Should I hit the road if you were me?
no....................
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Old 08-09-2010, 08:37 PM   #15
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Quote:
Originally Posted by RCP View Post
This a good reason to put your location in your profile, lots of good advice from the guys, but you need to check your local rules, click here.

I did not see it on that site, but if you register, and log in, you may be able to search the database for your employer. My state has a link where it can be verified.
I live in St. Louis, Missouri.
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Old 08-09-2010, 08:48 PM   #16
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Quote:
Originally Posted by PressurePros View Post
He told you he did. Did he tell you he didn't?
He told me today that he didnt when i asked him point blank before getting on a fully extended twenty footer.

When he told me, i told him that i refuse to get that high on a ladder without WC coverage.

The HO specifically asked my boss if he had it and lied straight to her face a couple days ago.

If you were in my position, would you work for a GC without Workmans Comp???
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Old 08-09-2010, 08:52 PM   #17
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Hmm... Interesting question. Don't you need a letter of clearance before you even start working for someone in order to get a contract just to make sure you have paid all your fees and your employees are protected? But I don't know the rules in the States, so I don't know... Weird Rules eh!
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Old 08-09-2010, 08:56 PM   #18
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Quote:
Originally Posted by stlpainter View Post
He told me today that he didnt when i asked him point blank before getting on a fully extended twenty footer.

When he told me, i told him that i refuse to get that high on a ladder without WC coverage.

The HO specifically asked my boss if he had it and lied straight to her face a couple days ago.

If you were in my position, would you work for a GC without Workmans Comp???
yup, i would truck on or find another job.
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Old 08-09-2010, 09:00 PM   #19
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You got the HO to go after if you fall. Here's another thought, don't fall. If you worked for me I would be a little concerned that you kept asking me about wc. Like, do you want cash in?
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Old 08-09-2010, 09:06 PM   #20
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Wait a min, business owners are not covered on their WC policy, now what am I gonna do? what a bunch of BS
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