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Winston Mortain
Winston Mortain, Lawyer.
Category: Legal
Satisfied Customers: 665
Experience:  27 years practice of law
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I am a subcontracter of roofing & siding in M.A.

Resolved Question:

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
Submitted: 9 years ago.
Category: Legal
Expert:  Winston Mortain replied 9 years ago.

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:

  • Paid by the job, not by the hour.
  • Sets own time, not on a clock.
  • gets the work done how he wants; you don't get to micromange how he does it
  • he has his own tools, employees
  • etc.

If he said he would supply a 1099, he was admitting that he was going to be an independent contractor.

Customer: replied 9 years ago.
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?
Expert:  Winston Mortain replied 9 years ago.
You should at least consult with one. Have him go over the court papers with you.
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