QUESTION
What can be done if 1099 employee is experiencing work related pain?
Asked on May 28th, 2013 on Labor and Employment - Florida
More details to this question:
I have worked for the same restaurant for 2yrs and am now experiencing severe elbow and wrist pain. I have reported it to my supervisor (who is also the owner) and his response it always "yeah, you've had problems with that before" and I respond with, "only since working here". I am a 1099 (private contractor) employee. The pain started gradually over the last year and is getting worse. I don't have insurance and can't afford a doctor, they won't acknowledge the seriousness of my pain or offer to file paperwork or let me see a doctor. What can I do?
6 ANSWERS
File a workers' compensation claim. Your rights to w.comp are not determined by your 1099 tax status. You are likely misclassified as a 1099. Google this: Misclassification of employees.
Answered on May 29th, 2013 at 12:07 AM
From what you are describing you are an employee not an independent contractor. There are about 20 factors that if one or more than one apply to your situation, you will be considered an employee. So don't let your employer deceives you.
Answered on May 29th, 2013 at 12:06 AM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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You probably are not a "1099 private contractor employee." Just because the employer wants to treat you that way,, it is most likely you are not and you can file for workers compensation. A lot of employers today are breaking the law by trying to make everyone into an independent contractor. Most workers compensation attorneys like myself do not charge for an initial consultation.
Answered on May 29th, 2013 at 12:05 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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I do not believe that the employer who is asserting that you are an independent contractor will be shielded from liability. If you work for a restaurant, you are an employee and not an independent contractor even though he gives you a 1099 for independent contractor form. Often times, employer will try to avoid work. comp. by calling his employees an independent contractor but the court will deem you likely to be an employee and then you will be eligible for work. comp. benefits (e.g. disability pay, medical care, etc.).
Answered on May 29th, 2013 at 12:04 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What you can do is report your employer to the Idaho Department of Labor for listing you as an independent contractor rather than an employee. You then bring a worker's comp claim against your employer.
Answered on May 29th, 2013 at 12:03 AM
Bruce A. Coane
You should see a lawyer, s there are various issues. You might even be able to do a worker's comp claim even as a 1099 employee.
Answered on May 29th, 2013 at 12:03 AM