Legal Question in Workers Comp in California
Worker's Comp Claim- Is this legit?
Hi,
Recently I produced a student film in the LA Area. I put an ad on craigslist saying I needed a Chef/Caterer to provide ''craft services'' for the shoot. I specified ''Pay is $300 ($100 a day for 3 days) plus a $500 food budget to buy food, prepare meals & setup the table.''
I got a response from a guy who said he could do it for 600 for food cost and 300 for him. He wanted 600 upfront and 300 on day 2. A few days later he said that instead of taking the $300 for himself, he would use that to make something nice for Sunday.
I paid him the 600. He showed up on the first day. He then asked me for the $300 a day early and I wrote him a check. The next day he didn't show up and we couldn't reach him at all. I thought I'd been scammed so I put a stop on my $300 check. Then we get an e-mail from his wife, saying he was in a bad car accident.
Finally we speak and I ask for a refund for the 2 days he wasn't there and he says ''I was on my way to work with your food when I met with the accident so legally I could get worker's comp, and I already purchased the food for Saturday so I can't refund that money''
I believe we hired him as an independent caterer, not an employee. Whats legally correct?
1 Answer from Attorneys
Re: Worker's Comp Claim- Is this legit?
It often is a gray area as to whether the person is an employee or independent contractor. Here it seems fairly clear that he was an independent contractor. You did not control his hours, have the right to fire him, tell him how to do the job, pay him on an hourly basis, pay for his car expenses, deduct anything for unemployment or other taxes, etc. It appears to be a bluff for not refunding you the money.
Ask him who was at fault for the accident, a copy of the police report or something to show there was an accident and that the food was in his vehicle,etc. It is interesting that after you paid him the full amount of the contract he never showed up again. It is unclear to me whether he worked one or two days, so whether you are out $300 or $600. You can sue him in Small Claims Court if you feel he has any assets yo can get a hold of, but he probably does not. Next time do not pay someone in advance; they can always put the cost of the food on their credit card [if they do not have one what does that say about them financially]so they are not out cash. If they insist on getting some money, give them a post dated check that you can stop payment on if they fail to do the work.
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