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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89528
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am an independant contractor. My OCC/ACC insurance is paid

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I am an independant contractor. My OCC/ACC insurance is paid from my settlement check with SCI. I have a driver with OCC/ACC insurance with all the requirements of the SCI insurance, but through a different company. My driver is driveing under my Federal authority #, he is covered under all my permits and insurance. SCI is telling me his coverage does not meet their requirements (even though it is the same coverage with SCI listed as policy holder). They tell me I must get workers comp. for myself and him, or make him sign up with them and have them pay him instead of me paying him myself. This would force him to sign a contract with them and cause extra costs he does not need. He already has a signed contract with me. He is also an independant contractor, would workers comp even work for us.
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Whether or not he is an independent contractor does not depend upon what you have chosen to call him. The IRS and US Department of Labor have standards used to determine whether or not someone is an employee or a true independent contractor. All of the factors center around control over him and how he does his job, such as specifying hours of work, directing the performance of the job, furnishing him with tools and equipment to perform the work, direct control of his hiring and firing. See: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

If he is truly an employee, rather than what you have been calling an independent contractor, and this seems to be what SCI is telling you, then you must cover him under your workers compensation policy and you actually may be in violation of the law for misclassifying him and not paying the policy. When in doubt as to whether or not they are employees, the best move to make is consider them employees first and treat them like employees and then apply to the IRS for a ruling as to whether or not they can be considered an independent contractor. If he is driving for you, then chances are SCI is going to be correct, especially if he is under your number and using your equipment and you would be considered employing him.

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Customer: replied 4 years ago.
Okay, so if he signs a contract with SCI, and gets the insurance and permits for his van (he does not use this van for my route) Would he still be considered an employee when he uses my truck for me? The equipment use would be the only problem with him not being classified as an independant contractor. I have checked this out already. Can they force him to have expenses for a scanner and equipment he will not need if he uses mine?
Expert:  Law Educator, Esq. replied 4 years ago.
He would be considered an employee of SCI unless they have a requirement that he own his own van and then you would have to negotiate with SCI to share your van with him under their rules. If he is using yours equipment and license/permit number, then it is up to SCI whether or not to take him on under those terms or make you put him on as your employee.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89528
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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