Legal Question in Workers Comp in Virginia
Va Workman's Comp Fee/Rate
A contractor ask me to perform a plastering job for him. I am not employed with his company. I gave a price of $2250 which was agreed upon. Now after I have completed half the work verbally agreed upon, he informs me that I am to do more than what agreed upon for the same rate of pay. He also stated he is taking an amount of $450.00 for workman's comp. I have performed many independent jobs and this is the first time someone has charged me for workman's comp. Is this lawful? If lawful, is this rate according to Va statute or law.
1 Answer from Attorneys
Re: Va Workman's Comp Fee/Rate
Your status would appear to be that of an independent contractor and not that of an employee of the contractor's company, and therefore it would appear unclear as to why the contractor would be assessing you for workman's compensation in this manner since you are not his employee and probably could not be covered under his workman's compensation insurance policy.
If the contractor is now attempting to vary the terms of your verbal agreement half way through the job, your remedy is to refuse and tell him that you'll go to small claims court, if necessary, to enforce the original agreement.
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