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?


Asked on 8/15/14, 10:43 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

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.

Read more
Answered on 8/15/14, 12:11 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California