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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a independent contractor and I worked for a hauling and

Customer Question

I am a independent contractor and I worked for a hauling and demolition contractor loading his trucks with a skid steer loader I own. He owes me a considerable amount of money that he refuses to pay me. His reason is that his insurance company is in the process of doing a audit and they are saying he has to pay workers comp on the money he has paid me for the past year. I have no employees and work my equipment myself. He pays me by the job when it is finished. I say having no employees I don' t need workers comp. Can his insurance company force him to pay.
JA: What state is this in? And how old is the truck?
Customer: I am in South Carolina and his trucks are old.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Only work for him when he has a job that he needs me to load.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Employment Law
Expert:  Infolawyer replied 8 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 8 months ago.

I see no basis for him to force you to pay or for him to refuse to pay you what is owing.

I can suggest some options for pursuing this. would you like that?

Expert:  Infolawyer replied 8 months ago.

awaiting your reply

Customer: replied 8 months ago.
what does the South Carolina law say? That was my question.
Expert:  Infolawyer replied 8 months ago.

State law does not require workers comp when there are no employees. As between contracting parties, they may negotiate insurance for certain projects but cannot impose employment insurance where does not apply. Let me know if that is clear.