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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111492
Experience:  20+ Years of Employment Law Experience
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I+?a+truck+driver.+I+work+for+a+company+as+a+subcontractor,+

Customer Question

Hi+I+?a+truck+driver.+I+work+for+a+company+as+a+subcontractor,+I+drive+a+company+truck+but+do+not+pay+a+lease.+I+had+to+sigen+a+contract+stateing+that+I+would+pay+my+own+workmens+compensation,+is+that+legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Whether or not you are legitimately an independent contractor or not is the issue here. If they are providing the truck, you are not leasing the truck, and they dictate your hours and direct your performance, then you are likely misclassified as an independent contractor and you are really an employee. So your first step is to file a complaint for misclassification to the US Department of Labor, because they need to investigate that first and then if you are found to be truly legally an employee, it is illegal for them to make you pay for your own workers compensation and they cannot make you sign to waive your right to not sue them for violating the law and any such contract to do so generally is found void. So, file your claim with the US Department of Labor first and if they make the determination you are really an employee, then you would have grounds to sue for workers compensation.