What is the name of your state (only U.S. law)? Oklahoma
Workers Comp Claim
Jurisdiction/Place: USA - Oklahoma
I have a gentleman that has worked for me for cash. I listened to his sob story about needing cash. Here is the rundown on him:
55 y/o Male on SSI/Disability, which is deposited in his sisters checking account due to back child support, VA Disability. He works for a full service filling station about 25 hours per week.
He has only earned 400 dollars from me so there is no need for a 1099, I can write this off as a general labor expense. He requested that he work for cash. That is how we conducted business.
We were working on a job seal-coating, painting, a cellar for a customer. We bought the supplies on 8-29 and went to her home. I got him set up and started. I left to go follow up on a previous job we had done the day before. When I got back he was sitting on the back porch with the customer. She had given him a water and a towel. Then he and the customer both told me he took a tumble down her stairs. We are talking 5 steps with the sand-paper stickers on them. I insisted immediately that he go to ER, just as the customer did. I asked the customer if she saw him fall, she said no. He told me no one was out there when he fell. Numerous times the customer and I pressured him to go to the VA to get checked out. He abruptly refused each time. He told me he finished the job with the exception of the 2nd coat on the floor.
He worked his scheduled 25 hours per week at the station and worked with me 2 more Saturdays. On 10-2 he called to inform me that he was going to the ER. I asked him why he did not go when I asked him to in the beginning. He told me things like this take time to settle in. He then called me on 10-3 telling me his sciatic nerve was damaged and he needed an MRI. He was asking me to pay for his prescriptions and his ER visit. I asked about his VA, he told me that they are not responsible for work related injuries. He kept insisting that I am liable for this as well as his lost wages from the station. He has not been back to work at the station since 10-2. Another guy that has helped on jobs told me the the day before the supposed accident he heard the gentleman talking about smoking a, "rock". I figure this explains the 5 week wait to go to the ER. Now I have a letter from Workers Comp. The letter states the accident happened on 9-12, that is impossible, I was working a trade show and we were not working. I have a receipt from Lowes with 8-29 showing the materials we bought. We also used his VA card for a 10% discount.
Unfortunately I do not have workers comp insurance. I have never really needed to hire anyone for help. I have taken on folks for cash to help them out.
Suggestions? Or am I just screwed????
Thank you for all of your responses.
Workers Comp Claim
Jurisdiction/Place: USA - Oklahoma
I have a gentleman that has worked for me for cash. I listened to his sob story about needing cash. Here is the rundown on him:
55 y/o Male on SSI/Disability, which is deposited in his sisters checking account due to back child support, VA Disability. He works for a full service filling station about 25 hours per week.
He has only earned 400 dollars from me so there is no need for a 1099, I can write this off as a general labor expense. He requested that he work for cash. That is how we conducted business.
We were working on a job seal-coating, painting, a cellar for a customer. We bought the supplies on 8-29 and went to her home. I got him set up and started. I left to go follow up on a previous job we had done the day before. When I got back he was sitting on the back porch with the customer. She had given him a water and a towel. Then he and the customer both told me he took a tumble down her stairs. We are talking 5 steps with the sand-paper stickers on them. I insisted immediately that he go to ER, just as the customer did. I asked the customer if she saw him fall, she said no. He told me no one was out there when he fell. Numerous times the customer and I pressured him to go to the VA to get checked out. He abruptly refused each time. He told me he finished the job with the exception of the 2nd coat on the floor.
He worked his scheduled 25 hours per week at the station and worked with me 2 more Saturdays. On 10-2 he called to inform me that he was going to the ER. I asked him why he did not go when I asked him to in the beginning. He told me things like this take time to settle in. He then called me on 10-3 telling me his sciatic nerve was damaged and he needed an MRI. He was asking me to pay for his prescriptions and his ER visit. I asked about his VA, he told me that they are not responsible for work related injuries. He kept insisting that I am liable for this as well as his lost wages from the station. He has not been back to work at the station since 10-2. Another guy that has helped on jobs told me the the day before the supposed accident he heard the gentleman talking about smoking a, "rock". I figure this explains the 5 week wait to go to the ER. Now I have a letter from Workers Comp. The letter states the accident happened on 9-12, that is impossible, I was working a trade show and we were not working. I have a receipt from Lowes with 8-29 showing the materials we bought. We also used his VA card for a 10% discount.
Unfortunately I do not have workers comp insurance. I have never really needed to hire anyone for help. I have taken on folks for cash to help them out.
Suggestions? Or am I just screwed????
Thank you for all of your responses.