I work for a Moving company, recently I got hurt on the job, my employeer doesn't want to use his Workmans comp insurance to cover my accident. He is willing to cover my medical bills, however, I don't believe his is willing to cover lost wages for the time that I am unable to work.
I recieve a 1099 form every year (as he puts it, I'm a sub-contractor) however, I do not have a company registered with PA and I do not have a sub-contractors aggreement with him, his wife (who he says owns the comapny and he would be the VP). Would I be able to have a valid Workmans Comp claim? and just as important, by law, would I be considered a sub-contractor?
What are my options?
2 Answers from Attorneys
this is a complicated question in Pennsylvania. It is very fact sensitive. You need to seek the advice of an attorney that handles complex workers compensation matters. I can give you several names, my office does NOT handle these cases.
The work comp laws will consider you to be an employee, and your boss will be forced to pay for your lost wages and medical bills. It will require some work, but I will win that case 100% of the time. Please call to discuss.
Richard Senker (610) 279-1600 www.senker.com
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