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I own a towing company, its just my dad and i and one of my…

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Hi, so i own a...
Hi, so i own a towing company, its just my dad and i and one of my friemds was helping us out, we paid him cash. Now 2 days ago ge was dropping off a car and a car was passing by at like 5 mph and hit him, ambulance took him to the hospital and he has no serious injuries, just bruising, i saw his papers and says he can be back to work in 5 days. No broken anything. Now i have no workers comp, which i can pay him down time of a week or 2. But the car that hit him stopped and repostt was made by police with all the information an that drivers insurance company etc. Well i am panicking, and dont know if I should be can you please tell me what's the most that he can get compensated for considering if he tries to come against me. He's going to go after the drivers insurance company but I'm just worried about myself
Submitted: 4 months ago.Category: Employment Law
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Answered in 17 hours by:
3/25/2018
Employment Lawyer: Josie-Mod,
 replied 4 months ago
Josie-Mod
Category: Employment Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
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Customer reply replied 4 months ago
I can wait. Hopefully someone answers me.
Employment Lawyer: Ray, Employment lawyer replied 4 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,870
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 4 months ago
Ok
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

He can sue you for medical and lost wages here.Hopefully the other insurance pays and yours might too if he was driving for you.Without workers comp here you depend on the insurance paying or you do.Time will tell how much he is out if pocket if any.

I hope that the insurance will pick all of this up and you will be ok.Time will tell whether there is more out of pocket or not to this person.

I appreciate the chance to help you today.I wish you the best.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 4 months ago
Can he sue twice for the same accident? Me and the driver that hit him?
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

Yes if he is short from the insurance.If they pay for everything then no.

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Customer reply replied 4 months ago
For medical expenses? Brcauae down time wouldnt really be alot his hospital note said he can go back to work in 1 week, also he has no proof of what i pay him, all cash
Customer reply replied 4 months ago
How would they come up with down time? And would my regular insurance of my vehicle cover that? I mean my truck eas not even on the report only his name and the other vehicle owners info amd car info
Employment Lawyer: Ray, Employment lawyer replied 4 months ago

The insurance should cover any lost wages.Your real risk is that wc gets ahold of this and any fines/penalties from them.He would have to tell them what he claims his wages are here.

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Employment Lawyer: Ray, Employment lawyer replied 4 months ago

The insurance should cover any lost wages.Your real risk is that wc gets ahold of this and any fines/penalties from them.He would have to tell them what he claims his wages are here.

Workers' Compensation Insurance: It's the LAW.

Illinois law requires employers to provide workers' compensation insurance for almost everyone who is hired, injured, or whose employment is localized in Illinois. Sole proprietors, business partners, corporate officers, and members of limited liability companies may exempt themselves. Overall, it is estimated that 91% of Illinois employees are covered under the Act.

An employer that knowingly and willfully fails to obtain insurance may be fined up to $500 for every day of noncompliance, with a minimum fine of $10,000. Corporate officers can be held personally liable if the company fails to pay the penalty. Since 2006, the Commission has collected over $7 million in fines. This provides workers the proper legal protection and other employers a more fair competitive arena. Fines are deposited into the Injured Workers' Benefit Fund.

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Employment Lawyer: Ray, Employment lawyer replied 4 months ago

IRS issues

Both employer and employee hold the responsibility for collecting and remitting withholding taxes to the Internal Revenue Service (IRS). For the most part, the employer withholds these taxes on behalf of their employees, but in cases where an employer does not do this, or where an employee is self-employed, it is the responsibility of the employee to pay these withholding taxes.

Employer's Responsibility

Employers must report income and employment taxes withheld from their employees on an Employer's Quarterly Federal Tax Return (Form 941) and deposit these taxes in full to an authorized bank or financial institution pursuant to Federal Tax Deposit Requirements. Employers are also responsible for filing a FUTA return annually, and depositing those taxes.

Employers who do not comply with the employment tax laws may be subject to criminal and civil sanctions for willfully failing to pay employment taxes.

I would try to pay this guys anything he looses here to avoid IRS or wc complaints filed by him.

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Employment Lawyer: Ray, Employment lawyer replied 4 months ago

Thanks and the bst here.Thanks for rating 5 stars at top of page.Have a good afternoon.

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