I am a subcontracter of roofing & siding in M.A. that has worked alone for 7 years. I carry my own liabilty & no workers comp. I sub out a roof in R.I. to an other person, who said he carried his own liabity. On the first day he didnt bring his liabity ins papers he said he would fax them to me.I told him you will need them to get paid 1099 form, he said no problem. On day 2 about 4 hours in to the day he fell off the roof. Now 2 months later he is trying to sue of benfits. i am not a big contractor just the little guy that goes to work every day sometimes 7 days a week.Last year i made 65.000 what course of action to take
Optional Information: East Wareham, MassachusettsAlready Tried: iternet research..couldn't find much. Wondering if I need an attoney.
He is claiming you owe workers comp. benefits? It appears that he is not your employee, but rather a genuine independent contractor and therefore not entitled to workers comp. There is a number of factors to look at in determining whether he is an employee or and independent contractor. The following tend to make him an IC:
If he said he would supply a 1099, he was admitting that he was going to be an independent contractor.
Ok..That is good news..I am schedule to go to workmens compensation court on the 9th of April. Should or do I need an attorney?
You should at least consult with one. Have him go over the court papers with you.
27 years practice of law
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