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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am semi-retired working part time at a desk job as a "contractor"

Customer Question

I am semi-retired working part time at a desk job as a "contractor" or temporary employee for two different companies. I am drawing social security and medicare. Do I need workman's comp insurance?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Do the companies control when, where, and how you perform your job? Do you work directly for the employers or for a temp agency?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

There was no additional information request listed.

Expert:  Tina replied 3 years ago.
Hello again,

The site was preventing me from asking my questions so I edited the post quickly but apparently not quickly enough. Here are my questions:

Do the companies control when, where, and how you perform your job? Do you work directly for the employers or for a temp agency?

Thank you.
Customer: replied 3 years ago.

No to when, where and how. I am given a task and work from my home office at my own discression billing for actual hours work at the end of the month. I work directly with the employer. No temp agency is involved.

 

I you answered, I have not received it. I need to step away from the computer for about 1hour. I'll leave this session up so I can see your responses.

 

SKP

 

Expert:  Tina replied 3 years ago.

Hello again, and thank you for providing this additional information.

Since you perform the work at your discretion and the company does not perform when, where, or how you perform the work, you would typically be considered an independent contractor and not an employee. As an IC, you are not typically entitled to worker's comp insurance benefits unfortunately.

Here is a link which sets out the test to determine whether a worker is an IC or employee so you can review it further in determining whether you should be treated as an employee, but from the facts you have provided, it appears you are properly classed as an IC:

http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

 

Expert:  Tina replied 3 years ago.
Hello again,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow-up questions for me with regard to the legal question I answered for you. If not, kindly provide a positive rating so I will be compensated for my time assisting you.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina