workers comp question

[XingTheRubicon]

got a call from an old high school buddy that had an interesting question.

He just received a certified letter from a workers comp attorney. Apparently, one of his former workers (not an employee) filed the claim. The claim alleges that worker fell off a roof. His company did landscaping, gutters and whatnot...what he was doing on a roof, I have no idea.

Anyway, his question to me was, what can a workers comp claim legally pursue. He has several small business assets, obviously. Mowers, trailers, lawn care equipment, etc.


btw, not one employee or any witness will confirm that said worker ever fell off of anything. I think I found the answer to his question, but some of you may have a little more experience or insight.

[soonerboomer93]

what's the differance between a working and an employee?

If they did gutters, that may be why he was on the roof.

[XingTheRubicon]

what's the differance between a working and an employee?

If they did gutters, that may be why he was on the roof.

I don't know, he told me they always used a ladder and no other employee was ever on any roof.

and the difference between an independent contractor and an employee...is hazy at best. Even if you pay a worker cash and 1099 him, if you oversee his duties and supply him with tools to do said job, he can make an argument that he was an employee.

[Frozen Sooner]

How's the company structured? Please tell me he had work comp coverage at the time. If he did, I'm pretty sure his personal assets are going to be OK.

Not an attorney in OK or any other jurisdiction, please refer questions to a licensed attorney.

[OUinFLA]

In Fla, if he was paid by your friend, then your friend should have had a certificate of insurance from him. If not, and he was working for your friend, your friend and/or his business is liable. If he was not an employee, i.e no withholding, FICA, etc on record, this could get sticky and could involve personal liability for your friend. It's kinda hard to back date payroll payments and deductions.
Casual labor is a touchy situation. If someone does work for me, they have to submit a certiificate of self insurance. Otherwise, they go on the payroll. It's the only way to protect my business and myself.

Just because someone didnt see him fall, doesn't mean he didn't. On the other side, just because he is injured, doesn't mean he was injured on the job. Some people will try to scam money any way they can. Workman's Comp companies down here tend to settle rather than fight. Too many variables and juries seem to favor the worker.

I am not an attorney, but I would suggest your friend speak to one and lay out all the facts.

[StoopTroup]

I'd find out which roof he fell off and then make sure it was one they actually worked on.

[saucysoonergal]

Insurance through CompSource is pretty cheap. Don't do business without it.


Without insurance, he can be sued in District Court for mucho dinero.

[olevetonahill]

Its been years since Worried about that stuff But OUinFla pretty much nailed it.
When I was building I had to have proof of Ins. from all my Subs

Even Buying the Ins. is No guarantee a friend of mine started a restaurant .
Bot Workers Comp from an independent agent . Waitress slipped and fell , Sued my friend fer 50K , Guess what No Ins. The agent never bought the policy for him and just pocketed the premiums,
Course the agent lost his license but my bud was still out the 50K plus all he paid to the agent .