Can I claim mileage to and from the office, if I am an independent contractor?
Only if its work related, from home to work you cant. Hi, I'm an independent contractor myself, and I don't get mileage to and from the office. I don't think I've heard an independent contractor that claim their mileage. ...
If you carry a ghost policy as a sub can you still file against the contractor?
No, you cannot file against the contractor if you carry a ghost policy as a sub. The only way to file against the contractor is via a worker's compensation claim. ...
Asked in Jobs, Labor and Employment Law
Are you liable for a job when you have been fired or left the employer?
Liability falls first to the employer. However, employees who cost an employer money could be held liable if the employer files a claim in civil lawsuit or in small claims court. For example: A man is hired to work on a job install tiling in a bathroom. Though a sub-contractor, the man cuts the tiles wrongly, applies too little adhesive so some fall down, and in frustration the man smashes half the tiles. This costs the main contractor $3,000 in time, supplies, and...
Asked in Bullying, Workplace Bullying
What can you do if your Employer bullies you to not file a comp claim?
It is illegal to record someone without their permission, so allegations can be made against the employer in a legal court and if witnesses can stand forward then the judicial system will take it from there, but other than that nothing can be done against the employer. As for the claim, it is illegal for a claim to be used as a reason for firing a person, and legal action can be taken if the employer does. ...
Asked in Workers Compensation
Employer says i am an independent contractor but i am not no workmens comp what do i do?
Contact the WC carrier and file your claim, if you have been injured. While you sort this out, you don't want to miss the window in which you can file the claim. If you're saying the EMPLOYER doesn't have Comp - rather than saying YOU don't have Comp, contact an attorney - in fact, interview a few & compare. In many states, nicknamed "ladder states," even if you are an independent contractor, the company or person who hires you has to...
Asked in Taxes and Tax Preparation, Income Taxes
Why is your employer not deducting income tax from your paycheck?
Federal and state taxes should be deducted by your employer based on how you filled out your Form W-4 when you were hired. If you claim too many exemptions on your Form W-4 it may result in no federal taxes being withheld. If you need to change the amount being deducted, you will need to fill out a new Form W-4. Contact the IRS or state tax agency for help in filling out your Form W-4. If you need a different...
If your employer filed for bankruptcy but owes you 15000 in back wages how can you collect?
You certainly need to make a claim against the employer to insure that you get as much of the amount as you can. Consult an attorney for help. ...
Who does a homeowner file a claim with against a contractor?
To fiile a claim go to civil court. The dollar amount will determine if it is small claims court or "regular" civil court. You can also file a COMPLAINT (not a claim) with the state licensing board that licenses contractors. ...
Asked in Homeowner's Insurance, Mortgages, Banking
If an insurance company writes a check for you and your contractor and you decide not to do the repairs do you have to get another check written or can the contractor sign the check over?
Do the work, the claim is going to count against you now that a check was issued. You should not have filed if you did not intend to do the work. ...
Asked in Labor and Employment Law
Can your former employer tell a prospective employer about a workman's claim in tn you had while employed by them?
You have no expectation of privacy regarding a worker comp claim. One employer can tell another. Prospective employers must not discriminate against WC claimants, but can, of course, bar workers disabled from performing even one essential job function. ...
Asked in Repossession, Debt Collection, Liens, Property Law
Can a private contractor put a lien against a company that has not paid them?
If the contractor performed labor or provided materials for the company, then the provider of goods or services may claim a lien against the property which they provided the goods or services to. See a construction law attorney for details--check the phonebook for an attorney who gives "free consultations." ...
Asked in Homeowner's Insurance
Can I accept property money damages from both my contractor's insurance co and my homeowners insurance?
No!! It is highly illegal for you to do this. When you make a claim on you home insurance for something that was the fault of your contractor you sign over all subjugation rights against this contractor to your insurance company. This means that if your home insurance pays any part of this claim you give them all your rights to go after the contractor, which they will do. They will go to the contractor and their insurance company to get...
Asked in Homeowner's Insurance
What can the insurance company do for you after the contractor takes the money and doesn't repair your house?
If it just happened perhaps they can stop payment on any claim checks issued to the contractor. Beyond that they probably cannot do much. You were defrauded, and therefore you have to take legal action against the contractor. ...
Which employer pays for your unemployment if you only work 3 weeks for one employer but had worked 31 years for the prior employer?
Until you have worked for the new employer for one calendar quarter, the state unemployment commission does not know you are employed there - the employer has not yet paid UI taxes associated with your name and SSAN. Any UI claim will be charged against the former employer ... or just denied. ...
Asked in Labor and Employment Law, State Laws
What do you do if your previous employer won't pay you?
Depending on the total amount of money you are owed, you can file a claim against them in either a small claims court or in civil court. If you do end up filing a claim against them you should be able to also get reasonable attorney fees/expenses added to the total amount of the claim and get them granted with the final judgment. ...
A contractor and his subcontractor are working the same job and the sub damages the contractors equipment whos insurance pays?
The contractor should make a claim upon the sub-contractors insurance and/or bond. If the sub-contractor defrauded the contractor on having insurance and/or bonding in place then he should report the contractor to the State licensing board, file claim on their insurance, and civil lawsuit (if the insurance company does not directly file or pay). ...
Asked in Insurance, Workers Compensation
Does workers compensation insurance apply if you have already parked in your designated spot and you fell walking on the way to work on property that is not owned by your employer?
It can, if you fell because of an unsafe condition - but check to see if your employer is responsible for maintenance, etc. If not, it makes your claim harder, though your employer is responsible for providing a safe path to enter & exit your place of business. You may also (or instead) have a claim against the property owner. ...
Can your previous employer sue you for collecting unemployment?
No. This is not a legal claim. Correct, if you have made a fraudulent or otherwise illegal UI claim, the employer will notify the state employment commission who will investigate and punish you. ...
Does an attorney need malpractice insurance if he is under 1099?
The 1099 only represents that the Attorney is working on a contract basis (self Employed) rather than as an employee. If the attorney is in fact a self employed independent contractor then this likely means that no coverage is afforded by the employer. If this is the case, then it would be a good idea for the Attorney to get some Malpractice or Professional Liability Insurance so there will be coverage in the event of a malpractice suit. Otherwise the attorney will...
Why would a contractor want to have the owner and the contractor on a waiver of subrogation?
When building a project financed by a construction loan, for example, a waiver would release the right of an insurer's contractual right to take legal action against a third party responsible for a loss to an insured for which a claim has been paid (Suppliers). ...
Can my employer lay me off after i filed a workers comp claim?
Your employer cannot fire you just because you have filed a workers comp claim. They must have proof of something else before they can fire you. ...
If you live in one state and work in another state which state does an employer pay unemployment taxes to?
The employer pays its unemployment taxes to the state the employer is located in. You might file your claim with the state you live in, but your state would then process the claim through the "liable state". ...