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sandy71

Junior Member
What is the name of your state? Florida

This is a carry over from another forum as it was suggested that I post my situation here.

Previous from last March: A guy that works for me (listed as an independent contractor, and has filled out an independent contractor contract) was hit on the interstate and his car was totaled. He suffered no major injuries except a sore back and kneck. The accident was not his fault, he was rear ended. At the time of the accident he was on his way delivering a package for the company. He was in his own personal vehicle. Does my company have any liability here? Should I be concerned here?

Latest Developments: The sub-contractor is being denied compensation for lost work time, as I hear his injury claims are in jeopardy too. The insurance company is saying since he was not able to produce billing reconrds they are denying him for lost wages as he argued lost oppertunity to earn. As far as why he is risking losing injury cliams I'm not exactly sure of.

Since then his lawyer and Insurance company have tried to get me to sign an employee lost wage form, but I told them both he was not an employee as he wasn't. Are the odds that his lawyer and or insurance is going to aim at me or does the contract keep me clear?

The main thing I am worried about is one line that does state an hourly rate for the first 15 hours, and then another line in the contact that says he goes to a different rate after the 15 hrs per/week have been met. Is this a problem? Can a contract be voided would other parts be upheld?

Is there anything I should know or a lawyer / insurance trick I should be ready for?

I do not have workers comp as I am a contractor and self employed that sub contracts work out.
 
Last edited:


jity

Member
sandy71 said:
What is the name of your state? Florida

This is a carry over from another forum as it was suggested that I post my situation here.

Previous from last March: A guy that works for me (listed as an independent contractor, and has filled out an independent contractor contract) was hit on the interstate and his car was totaled. He suffered no major injuries except a sore back and kneck. The accident was not his fault, he was rear ended. At the time of the accident he was on his way delivering a package for the company. He was in his own personal vehicle. Does my company have any liability here? Should I be concerned here?

Latest Developments: The sub-contractor is being denied compensation for lost work time, as I hear his injury claims are in jeopardy too. The insurance company is saying since he was not able to produce billing reconrds they are denying him for lost wages as he argued lost oppertunity to earn. As far as why he is risking losing injury cliams I'm not exactly sure of.

Since then his lawyer and Insurance company have tried to get me to sign an employee lost wage form, but I told them both he was not an employee as he wasn't. Are the odds that his lawyer and or insurance is going to aim at me or does the contract keep me clear?

The main thing I am worried about is one line that does state an hourly rate for the first 15 hours, and then another line in the contact that says he goes to a different rate after the 15 hrs per/week have been met. Is this a problem? Can a contract be voided would other parts be upheld?

Is there anything I should know or a lawyer / insurance trick I should be ready for?

I do not have workers comp as I am a contractor and self employed that sub contracts work out.
What they are probably asking you to sign is HOW MUCH he lost (you are considered a source of revenue that he lost due to the wreck, so they can go after another) While I doubt he will come against you, if they want an answer, make the person who wants information to sign a release of all claims and hold you harmless. While it is not bulletproof it will help. What’s written in the contract is written – I hope that you used an attorney instead of doing it yourself from scratch. If he does (I doubt) come after you, recover your losses from the person who CAUSED the wreck in the first place, and this is all IMHO....the end..
 

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