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Is my boss liable for any work related injury?
I work in for a grooming salon. My title is "independent contractor." A person in the past was bit by a cat and she was told that work wont cover her injury. What is the deal?
4 Answers
- AnonymousLv 78 years ago
The deal is, many, many businesses try to avoid workers compensation and employment taxes, by calling employees, "independent contractors". Some of the ways to tell that you're REALLY an employee, are:
1. they tell you what time to show up and what time to go home
2. they provide all the tools & materials
3. you cannot have someone else show up in your place (ie, subcontract out the work)
4. the work has to be done at their location
5. you get the majority of your income at this profession, from this entity.
Look, even if you ARE a subcontractor, the contractor is STILL "on the hook" for workers compensation benefits, if the sub doesn't carry their own insurance. They're ALSO on the hook for general liability, if you don't have your own general liability policy.
Clearly, this guy is trying to wiggle out of the workers comp (and payroll) laws. If you were seriously injured, by a cat bite or something, and they refused to file the claim, you would hire a lawyer and sue them. You'd probably win.
- AnonymousLv 78 years ago
You're not an employee, so they're not buying workers compensation insurance. If you really do meet the definition of an employee, then you can report them. Do they determine your hours? Do you groom for other companies as well? etc...are you an employee or a contractor? That's the question.
- 8 years ago
I don't see how anyone will be lia ble for a cat biting someone while being groomed because the groomer accepts the risks of the job at hand. Assumption of risk means you are on your own. Don't do the job if you cannot handle the risks that come with it.
Source(s): 14 Years Litigation Insurance Adjuster - Larry ELv 78 years ago
If you are considered an independent contractor you are on your own and not covered by workman's comp.