Legal Question in Workers Comp in California
I 1099 a independent contractor,now my workers comp. wants to charge me for what I paid to the contractor,is this is legal?
1 Answer from Attorneys
IF by 'workers comp' you mean your comp insurance company, then yes, a workers compensation insurance carrier can make a charge for comp coverage based on the number of people actively rendering service on the job.
Just because the employer labels a worker an independent contractor does not make that worker an independent in Workers Compensation law.
IF the worker demonstrated to a workers compensation judge that the employer set the times for work, provided the materials for work, regulated on-the-job behavior at work, then most judges would find that worker to be an employee, not an independent contractor...making the comp insurer forced to pay out benefits.
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