Answer

Sam,

 

FYI, as an IC, (if you truly are, which is up for debate at this point) you are not employed by the employer. Rather, you are basically a business and you provide a service to a client, that client being the entity you are referring to as employer.

 

However, since your company is putting WC insurance into the picture with you, I'm wondering if they are getting nailed for miscategorizing you (and others) as ICs when you are employees.

 

Classifying a worker as an independent contractor rather than an employee allows businesses to compensate their workers without withholding federal, state, and social security taxes and to avoid paying workers' compensation insurance, unemployment insurance, and employment taxes. Independent contractors aren't entitled to benefits a company may provide to its employees, including health insurance, paid vacation time, life insurance, disability insurance, stock options, and 401(k) retirement plans.

A number of recent cases have held that employers that classified their workers as independent contractors were wrong. The courts found that the workers were really employees, and the employers were required to pay back taxes, overtime, and various fines and penalties.

 

Now, given the above, as per LA law, http://law.justia.com/louisiana/codes/7/83573.html the employer is not permitted to pass off this expense to the employees covered. So there is likely something fishy going on here. I would contact the LA district office at http://www.laworks.net/WorkersComp/OWC_districtofficelisting.asp

 

Good luck with this this.

 

 

Hope this helps to clarify.

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