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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36980
Experience:  30 years in civil, probate, real estate, elder law
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My husband own has a trucking company. more than 1 year

Customer Question

Hi, my husband own has a trucking company. more than 1 year and half. One of our drivers felt from the step on the semi, he open the drivers door , and I guess he felt. dairy people took him to the hospital. and was released. he was off for 5 months. we paid for his medical bills , and for those 5 months he did not work , we paid him weekly as if he was working. after that he has work fine for about 1 year, with no problems. he also has other medical problems advance Syros is. he decided he wanted to quit. now 3 months after just found out we have mediation in a week. we didn't have workers comp. He was self contractor. didn't know we need to have it. we still paid his medical bills , and paid his weekly. what should we do?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
I would suggest you go to mediation and see what he is seeking.You can mediate--this is voluntary attempt to resolve it.If you can get off pretty cheap here you may decide to settle.If not you probably are going to need a lawyer.
I think it is prudent for you to go to mediation here yourself.See what kind of deal you can make.A lawyer would charge you a retainer and it may be in the $3,500 range and bill hourly against that ,say $200 an hour.So here if you can pay him anything under $3,500 I would settle.
It is not at all clear you have liability since he was an independent contractor.You have good arguments to make here.But know what the lawyer will charge to represent.So go here and see if you can mediate something less and make it go away.I would pay him $1,500-$2k without blinking here.
It is cheaper than a lawyer.See what he wants, offer him something less in this range,and decide whether or not to settle.
In case you decide you need a lawyer , here are lawyer referrals with ratings.
http://www.avvo.com/employment-labor-lawyer/nm.html
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.