Workmans Comp Laws

Workmans comp laws

I live in NJ, but have been working for a company in Michigan for almost five years. I recently injured my back while loading some of the company equipment in and out of their van that I use for work. They told me I am not able to use workmans comp because I am a sub contractor. They report our earnings to the goverment, but do not take out taxes. I use the companies vehicles, and equipment while working, is their claim true?

Quite possibly, but there are a lot of variables that should be considered. Call a workers' comp. attorney and ask him what he thinks. Usually doesn't cost you anything for the first 1/2 hour. Independent (sub) contractor status depends on, among other things, the degree of control a company has over the individudals they classify as independents. Just because they don't take tax deductions from your paycheck and/or issue you a 1099 at the end of the year, does not necessarily mean you are "legally" an independent contractor, it just means that the company is trying to save money by possibly skirting the law, etc.