Employer making employee pay for workmen compensation Benefits

[Gskogstrand]

I live New York State, My employer has been taking $125.00 a week from my check for a few years now for workmen’s compensation Benefits. Just recently someone has brought it to my attention that it is my employers responsibility to provide these benefits for his employees and that it’s not my responsibility to pay for this, is there any truth to this?

 

[cbg]

It is absolutely true.The employer is responsible for ensuring that there is coverage and may not charge the employee for it. Report what is happening to the NY State Workers Comp Commission and/or the State Insurance Department.

 

[PayrollHRGuy]

I agree with CBG as it is 100% illegal to charge employees for the cost of workers' compensation insurance. That said please confirm that you are an employee. You get a W2, correct?

 

[Gskogstrand]

I received a 1099 from him. I am not a business owner or a contractor. It confuses me how he is doing things. Seems shady to me

 

[Zigner]

What are our job duties?

 

[cbg]

Then you've got bigger problems with this employer than workers comp, although the workers comp issue is not a small one. Get thee to an employment attorney, go. While I suppose it's conceivable that you're legitimately an IC, I don't need to see your job duties to know that the likelihood is very small indeed.

 

[PayrollHRGuy]

That you are a 1099 employee (Independent contractor) does change things. If you don't carry your own WC policy and the company that you are working for can charge you.

As CBG just wrote there is always a question as to if you should be an IC but until I know more about your duties I'm not going to judge that.

The IRS looks at these factors.

1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

The IRS has a form you can complete and they will make a determination. Here it is https://www.irs.gov/pub/irs-pdf/fss8.pdf

 

[Gskogstrand]

I install appliances

 

[PayrollHRGuy]

I install appliances

That alone won't be enough to make the call. Read my post above.

 

[Gskogstrand]

1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job? I have no control of that aspect I’m told where to go everyday and what to do
2. 
   
3. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) employer supplies the tools to do the job and supplies to get the job done. No reimbursements
4. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business? No contracts or benefits packages. And on top of all this I was hurt 1/26/19 one of the guys that work for the company was told that he is gonna let me go because of my injury, that I will be no good for him, trying to get my friend to send me message of what he said exactly.

 

[cbg]

Do you install appliances for anyone other than this employer? Does he provide you with any benefits? Never mind, we posted at the same time.

 

[Gskogstrand]

Only install for the one employer

 

[PayrollHRGuy]

@Gskogstrand I think you were talking a swing at answering some of the IRS issues.

No need to copy that I posted just use the numbers to answer the questions.

 

[adjusterjack]

It appear that you are illegally misclassified and illegally charged for the coverage.

And on top of all this I was hurt 1/26/19 one of the guys that work for the company was told that he is gonna let me go because of my injury

Also illegal.

Contact the workers comp bureau to file a claim.

http://www.wcb.ny.gov/content/main/Workers/Workers.jsp
And the department of labor to report fraud.

https://www.labor.ny.gov/agencyinfo/report-fraud.shtm

 

[Gskogstrand]

Do I have any legal recourse in any aspect of this issue. Or just go to an attorney