1099 - Injured on job.

[JonnyChampagne]

What is the name of your state (only U.S. law)? New York, but the accident occurred while working in California.

In November I started a job as an editor/product tester for a Canadian company. The main stipulation of the job was that I be located in California w/ the rest of the crew, even though there is no office in CA & it's a remote position. They claim they need me there to test the products, even though I work from the home. SO I rented a room and moved there.

B/c I changed jobs, I had to purchase my own health insurance, which didn't become effective until 12/1. Unfortunately (and stupidly, I admit), I was injured while working on 11/24. I had to go to an emergency room and received a bill for over $3000. (Could've been worse, I know.)

I assumed I was responsible for that sum - but since looking into it here and elsewhere on the internet, it appears that an independent contractor whose boss dictates the time and manner of employment is, under the law, considered an "employee."

Because they made me move to California for the job and require me to work Monday-Friday, do I have a case to claim to be an "employee," and can I force them to pay for my medical bills? And could they terminate my contract for bringing suit against them to do so?
I don't necessarily want to stir up bad blood right now, but I know this gig won't last forever, so I'm thinking I may begin to pay off the med bill, then file suit later.

Thoughts?

 

[Zigner]

If you are a contractor, then it's on you. Perhaps you should make a call to the state (California) and see how they view the matter.

ETA: Based on the information you have given I believe that you are an independent contractor.

 

[JonnyChampagne]

If you are a contractor, then it's on you. Perhaps you should make a call to the state (California) and see how they view the matter.

ETA: Based on the information you have given I believe that you are an independent contractor.

I know it's on me. BUT:
"The Supreme Court in the Empire Star Mines case summarized the rules for determining the existence of the employment relationship as follows:

"In determining whether one who performs services for another is an employee or an independent contractor, the most important factor is the right to control the manner and means of accomplishing the result desired. If the employer has the authority to exercise complete control, whether or not that right is exercised with respect to all details, an employer-employee relationship exists. Strong evidence in support of an employment relationship is the right to discharge at will, without cause . . . "

 

[JonnyChampagne]

But what about the case that determined if the employer can dictate the "time and manner" of my job, then I'm considered an employee under the law? They made me move to CA; they insist I be available Mon-fri 9-5 pst ...

 

[tranquility]

There is a presumption of being an employee in the CA law on worker's comp. The employer can rebut that presumption. It is a multifactorial test to determine. There will be an argument on both sides and the state can come up with a result. I suspect there will be tax issues involved if there is some argument. The contract will be your guide as to if they can end it or not. But, if the can't, it is one factor that you were an IC and not an employee.

 

[Susana Padula]

if you are liable for your compensation than its your right you an fight for it and if you want to get your compensation you can get a legal adviser who can help you in every legal way and get your claims work done

 

[HomeGuru]

But what about the case that determined if the employer can dictate the "time and manner" of my job, then I'm considered an employee under the law? They made me move to CA; they insist I be available Mon-fri 9-5 pst ...

**A: you may have a case if it can be proven that you fit the test of being an employee.

 

[safetyforlife]

Suggestion

What is the name of your state (only U.S. law)? New York, but the accident occurred while working in California.

In November I started a job as an editor/product tester for a Canadian company. The main stipulation of the job was that I be located in California w/ the rest of the crew, even though there is no office in CA & it's a remote position. They claim they need me there to test the products, even though I work from the home. SO I rented a room and moved there.

B/c I changed jobs, I had to purchase my own health insurance, which didn't become effective until 12/1. Unfortunately (and stupidly, I admit), I was injured while working on 11/24. I had to go to an emergency room and received a bill for over $3000. (Could've been worse, I know.)

I assumed I was responsible for that sum - but since looking into it here and elsewhere on the internet, it appears that an independent contractor whose boss dictates the time and manner of employment is, under the law, considered an "employee."

Because they made me move to California for the job and require me to work Monday-Friday, do I have a case to claim to be an "employee," and can I force them to pay for my medical bills? And could they terminate my contract for bringing suit against them to do so?
I don't necessarily want to stir up bad blood right now, but I know this gig won't last forever, so I'm thinking I may begin to pay off the med bill, then file suit later.

Thoughts?

Organizations need to provide health insurance to the employees. It protects in case of injuries. Satisfying the needs of employees results in growth and success of business.

 

[CSO286]

Organizations need to provide health insurance to the employees. It protects in case of injuries. Satisfying the needs of employees results in growth and success of business.

And blah blah blah blah blah.

Your actual legal adivce is????

 

[tranquility]

Organizations need to provide health insurance to the employees. It protects in case of injuries. Satisfying the needs of employees results in growth and success of business.

Mmmm...hmmmm...I suspect safetyforlife knows just where we might get such insurance.

 

[Zigner]

I've seen several non-sensical/non-responsive answers from newbies lately. I suspect the spam-clouds are just waiting to open up and pour down on us.