An employer should not charge a 1099 employee for workman's comp. If you get a 1099 you are not in an employer, employee relationship You are an independent contractor.
You should expect to receive your 1099 from your employer by January 31st.
employer is going to 1099 me. I am not a licensed contractor, will this affect me?
The 1099 is supposed to be issued by January 31, 2010.
February 1st 2011
Being paid by on a 1099 basis means you are an independent contractor, basically self employed. The amounts that would be paid by an employer for his employee are now your responsibilty, like the employer portion of FICA (7.56%). However, as someone self employed, you probably aren't covered by WC protection, and certainly not Unemployment, so you won't be making contributions to it. It's probably negotiable. But just because a company pays into WC for you doesn't make you an employee. Many states are "ladder states," meaning liability follows up the ladder until someone can pay. In Texas, General Contractors are required to carry Comp for their subcontractors (who are 1099 workers) who don't have it, or remain liable if they don't (since TX is the voluntary Comp state.) If you can carry your own WC, it may make you more marketable. You can check with those you do work for before you decide.
Your employer may be refusing to give you a 1099 form if they have classified you as an employee rather than an independent contractor. Employees receive a W-2 form, while independent contractors receive a 1099 form. If you believe you should have received a 1099 form, you may need to discuss this with your employer or seek advice from a tax professional.
The threshold for receiving a 1099 from an employer is $600. However, you are still responsible for reporting the income to the IRS even if you do not receive a 1099.
If you mean "sue" your employer for your injury while receiviung WC benefits, then the answer is NEVER. The WC benefit you receive is all you will ever get, and no lawsuit is possible, even if employer negligence is clear.
If your employer doesn't give you a 1099 form, you should still report your income to the IRS. You can use your own records to report your earnings accurately on your tax return. It's important to ensure you pay the correct amount of taxes even if you don't receive a 1099 form from your employer.
Yes. A 1099 C
IRS