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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 29199
Experience:  29 years in Employment law
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If an 1099 employee suffers an injury during work, what is

Resolved Question:

If an 1099 employee suffers an injury during work, what is the responsibility of the employer? No written contract.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

In such a situation with an independent contract employee this person would not be covered under traditional workers comp type coverage.

RayAnswers :

The IC here may file a claim or sue you for his injuries.The employer/owner might have coverage under your business premisses type coverage.This person would have the same kind of protection as any customer or other invitee here.

RayAnswers :

Certainly the Florida rules of negligence will govern such an injury.

Customer:

Thank you for your answer. Is the 1099 Entitled to compensation during the time he is not able to work?

RayAnswers :

If you have no business type premises coverage it would be up to you to resolve the matter if you feel that you have liability in the situation.Otherwise you wait to see if they file suit and you would have to defend.

RayAnswers :

You would have to decide an amount here for compensation.It is not a traditional workers comp type coverage.But in a lawsuit a contract employee could sue for lost wages, etc.

RayAnswers :

You would want a written release of all claims if you settle up.

RayAnswers :

This is really one of the risks of having 1099 employees as they aren't covered by wc here .

RayAnswers :

Reference to these issues.

Customer:

What determines liability?

RayAnswers :

The negligence laws would be applied in a lawsuit here where they sue for negligence for money damages.

RayAnswers :

If you had premises coverage the insurer investigates and decides whether you were negligent and liable.

RayAnswers :

Here either you accept liability and reach settlement with a release or you wait and see if they sue you .

RayAnswers :

If you don't have coverage you are in effect self insured so you settle up yourself or wait and see if there is a lawsuit.

RayAnswers :

You are not obligated here to talk to the person and gather facts.You may want to involve a local lawyer if there is a serious injury and lots of time lost.

Customer:

This did not happened in the premises it was on field doing an installation. What about the medical expenses. He never ask me where to go, he went to the emergency room and he is doing his treatment where he wants, he doesn't follow my instructions.

RayAnswers :

You can locate a local lawyer here.

RayAnswers :

You may decide that you feel you are not liable and that you are therefore not going to pay and see if they file suit here.It is not necessarily clear you have liability since they are contract workers.

RayAnswers :

As an independent contractor in the field this person may have to pay his own way since he is independent contractor.You would not be necessarily liable.You may want to have a local lawyer respond and deny liability here.

Customer:

Am I obligated to pay the medical bills?

RayAnswers :

Your position is that you are not an employer and not liable for any injury or his bills and see where it goes from there.

RayAnswers :

You do not have liability unless he sues and proves that you were somehow negligent and liable.That might be hard for him to do if he was independent and out in the filed on his own.

RayAnswers :

Again you may want to pay a local lawyer to draft a letter saying you are sorry he was insjured but that it does not appear you are liable based on the facts, etc.

RayAnswers :

And see where it goes from there.Alternative is to reach a cash settlement without admitting liability and getting a release.

RayAnswers :

These are your options in such a situation.As you can imagine independent contractor situations are unique and different from employer/employee where you have wc and direct supervision.

Customer:

Thank you very much for your time. Your answers were very helpful. Any other advice you can give?

RayAnswers :

Thanks for letting me help you today.I appreciate the chance to do so.You can see if you can resolve this cheaply without any admission--have lawyer get signed release or decide to deny liability with a letter here.

RayAnswers :

I appreciate the chance to chat and wish you good luck here.

RayAnswers :

If you can leave a positive rating it is much appreciated.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

RayAnswers :

Take care.

Customer:

Off course, thank you very much!

Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 29199
Experience: 29 years in Employment law
Ray and other Employment Law Specialists are ready to help you

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