Legal Question in Workers Comp in Pennsylvania
I work For a stone company for $16 an hour he has no workmans comp on me he pays me as if he is buying stone from me (just add or take a dallar or 2 to make his stone rec look legit) but yet it is his property and equipment, I have asked him several times to please put me on the books just in case i get hurt he says if you get hurt you dont work for me your self imployed. And the taxes at the end of the year is almost unbareable for me to pay. What rights do I have if did get hurt?
2 Answers from Attorneys
In worker's comp whether or not you are an employee or independent contractor mostly depends on the amount of control the employer has over your work. It doesn't matter what the employer calls you. The factors involved in determining if you are an employee or not are very specific to each situation. If you want to contact me I'll be glad to speak to you for a few minutes without charge.
You are covered by workers' comp and the businessman will be charged with a crime by the Attorney General for f ailure to insure. You have the right to sue the employer at common law as well as under the comp statute.
Give an anonymous tip to the PA Dept of Labor and you will quickly have your status changed from independent contractor. You may also have some overtime and other money coming to you according to the Fair Labor Standards Act of 1938. Seek counsel.
Good Luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
